LHC orders sessions judges for recording accused statements themselves

LAHORE: The Lahore High Court has directed the sessions’ judges of all districts in Punjab to ensure that statements of accused under Section 342 of CrPC are recorded personally by the trial judges.

In a judgment passed on an appeal against sentence, Justice Tariq Saleem Sheikh noted that generally the presiding officers of the trial courts do not record statements of accused under Section 342 CrPC themselves and do not examine them personally. He observed that a questionnaire is prepared by the public prosecutor or the complainant’s counsel that is handed over to the defence counsel, who drafts its reply on behalf of the suspect and the same is then placed on the file.

The judge rules, “This practice is contrary to letter and spirit of the code. This examination is a matter entirely between the accused and the court and the legal advisers do not come in or count it at all.

The court should thus put them aside, have the accused brought before it face to face and hear him from his own mouth.” Justice Sheikh directed the registrar of the LHC to send copies of the judgment to all the sessions’ judges and special courts in the province with a direction to ensure that the statements of the accused persons are recorded in accordance with law.