SC orders correction of witness testimony record

SC orders correction of witness testimony record

Pakistan’s Supreme Court has ruled that courts must accurately record witness statements and cannot ignore discrepancies between video-recorded testimony and the written court record, calling such failures a violation of the law and the right to a fair trial.

In a significant judgment, the apex court set aside the decisions of both the trial court and the Sindh High Court after finding serious concerns over inconsistencies between a witness’s testimony recorded through video link and the written version entered into the court record.

The Supreme Court held that it is the legal responsibility of the trial court to record a witness’s statement word for word. It observed that failing to comply with Section 360(2) of the Code of Criminal Procedure is unlawful and undermines the integrity of judicial proceedings.

The court directed the trial court to compare the video recording of the witness’s testimony with the written transcript and correct any errors within 15 days. It further instructed the court to conclude the trial within 30 working days after completing the corrections.

The judgment stressed that a witness’s objections to an inaccurate record cannot be dismissed. It stated that precise recording of testimony is essential to ensuring a fair trial and that courts should not deny justice on technical grounds when clear discrepancies exist.

The Supreme Court also ordered that only the witness’s actual testimony should form part of the official judicial record. It said video recordings should serve as a reliable tool to verify that the written transcript accurately reflects what the witness stated in court.

Referring to Article 10A of the Constitution, the court reaffirmed that every citizen has the fundamental right to a fair and transparent trial, adding that accurate documentation of evidence is a key part of that constitutional guarantee.

The case reached the Supreme Court through a petition filed by Nayab Umrani, an eyewitness in the murder case of advocate Sanam Umrani. According to the petitioner, the Model Court in Hyderabad incorrectly recorded her testimony, which had been delivered via video link from Islamabad’s e-Court. She also alleged that the trial judge altered the date of the murder incident in the court record.

Before approaching the Supreme Court, Nayab Umrani had sought relief from the Sindh High Court. After failing to obtain the desired remedy, she challenged the matter before the apex court, which has now ordered the correction of the record and directed the trial to proceed on the basis of the witness’s original testimony.