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False testimonies create hurdles for us: CJP

By Our Correspondent
February 01, 2019

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Asif Saeed Khosa once again lashed out at the practice of recording false testimonies before courts, saying that out of the courts, truth is spoken and it creates hurdles for the courts.

The Supreme Court on Thursday set aside the Peshawar High Court's verdict acquitting an accused who was convicted for 10 years of rigorous imprisonment for an attempt at the life of a teenager in scenic Swat Valley in 2006.

A three-member bench of the apex court, headed by Chief Justice of Pakistan Asif Saeed Khosa, heard a review petition against the PHC’s acquittal of Hazrat Ali -- who had been sentenced for 10 years by a trial court for an attempt at the life of one Farhad Ali.

As per the case, Additional Sessions Judge/Izafi Zilla Qazi II, Swat, on November 25, 2014, convicted Hazart Ali for attempt at the life of Farhad Ali under Section 324 PPC and sentenced him to 10 years RI and fine of Rs500,000

Justice Qalandar Ali Khan of the Peshawar High Court, while accepting the appeal of Hazrat Ali on January 24, 2018, set aside the judgemnt/order of the learned trial court/Additional Sessions Judge/Izafi Zilla Qazi, Swat, dated 25.11.2014, together with conviction of the appellant and sentences awarded to him, vide the impugned judgement, acquitted Hazrat Ali of the charges levelled against him and ordered his release forthwith if not required in any other case.

The Supreme Court, however, on Thursday set aside the judgment of Peshawar High Court and ordered immediate arrest of the accused Hazrat Ali after upholding the decision of the sessions judge awarding him 10 years imprisonment. During the hearing, Chief Justice Asif Saeed Khan Khosa observed that none of the witnesses had spoken the truth in this case. He further observed that the purpose of investigation agencies was to present the truth.

The CJP said that in other countries, people speak the truth and laws are debated but here hurdles are created for courts. He noted that here four people from a village say that an incident took place in broad daylight and four other people from the same village say that the same incident took place at night.

Meanwhile, the court upheld the decision of the trial court, awarding sentence of 10 years imprisonment to Hazrat Ali and set aside the verdict of Peshawar High Court acquitting the accused. The court ordered the law enforcing agencies to immediately arrest Hazrat Ali and proceed with in accordance of law.