MUDASSAR IQBAL vs The STATE OF AZAD JAMMU AND KASHMIR Ss — 2024 PCrLJ 1863 SUPREME-COURT-AZAD-KASHMIR

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MUDASSAR IQBAL VS The STATE OF AZAD JAMMU AND KASHMIR Ss. 161, 172 & 265-C---Qanun-e-Shahadat (10 of 1984), Art. 49---Privileged documents---Scope---Provision of copies of statement of witness---During the proceedings of trial, Investigating Officer submitted additional statements of purported prosecution witness bearing their signatures and thumb impressions, besides the alleged statement under S.161, Cr.P.C.---Petitioners requested the Trial Court to provide the copies of those statements for further cross-examination which the Court denied---Petitioners filed a revision petition which was also dismissed---Validity---Section 265-C, Cr.P.C., outlined the procedure for providing statements and documents to the accused in criminal cases initiated/based on a police report---Such provision mandated that the accused must be given copies of specific documents at no cost and that must be done no later than seven days before the trial begins---Legal requirement is that the accused be provided with copies of such statements---Such legal provision aims to ensure that the accused is not disadvantaged in their defence, as they rely on the evidence and material gathered by the investigating agency to determine their defence strategy---By providing access to these statements, the law seeks to uphold the principle of fairness and ensures that the accused can make informed decisions regarding their defence based on the available evidence---However, S.172, Cr.P.C. provides an exception to S.161, C.P.C., establishing the independence of the two provisions---While S.161, Cr.P.C. mandates that the Investigating Officer must separately record statements from individuals familiar with the case's facts, S.172, Cr.P.C., pertains to the maintenance of case diaries, documenting the investigation's progress---Case diaries are deemed privileged and inaccessible to the accused, as they served as a record of the investigation's various stages---However, statements recorded under S.161, Cr.P.C., even if included in case diaries, do not enjoy the same privilege---Such statements are considered public documents under Art.49 of the Qanun-e-Shahadat, 1984, and are inherently relevant under the same article---While the privilege granted by S.172, Cr.P.C., is not absolute, it does afford the accused the right to access case diaries for cross-examination purposes, subject to Court orders---In the present case no prejudice would be caused to any of the parties in case of supply of the statements as prayed for, therefore, petition was accepted by setting aside the orders of the High Court as well as Trial Court---Trial Court was directed to supply the copies of the statements containing signatures and thumb impressions recorded by the Investigation Officer as prayed for.

MUDASSAR IQBAL vs The STATE OF AZAD JAMMU AND KASHMIR Ss — 2024 PCrLJ 1863 SUPREME-COURT-AZAD-KASHMIR

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