AMIR SULTAN SAFI, ADVOCATE vs WAQAS SABIR S — 2025 PLD 50 PESHAWAR-HIGH-COURT

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AMIR SULTAN SAFI, ADVOCATE VS WAQAS SABIR S. 9(3)---Qanun-e-Shahadat (10 of 1984), Art. 164---Defamation Ordinance (LVI of 2002), S. 9---Defamation---Suit for recovery of damages---Audio and video evidence---Forensic examination---Scope---Application of the petitioner, filed after closure of evidence, for sending the video for forensic report/expert opinion regarding its originality was dismissed by the Trial Court---Validity---By now, it is possible with the advancement of science and technology to get a forensic examination, audit or test conducted through an appropriate laboratory, so as to get it ascertained as to whether a video or tape is genuine or not and such examination, audit or test can also reasonably establish, if such video has been edited, doctored or tampered with or not---Any party could make a request for forensic examination of an audio tape or video through an appropriate laboratory, so as to get it ascertained as to whether the audio tape or video is genuine or not through moving a proper application to the concerned court---Trial Court had totally overlooked the fact that the petitioner was seeking expert opinion of the video regarding its originality or otherwise and production of additional evidence in light thereof---Trial Court also failed to appreciate that by virtue of O. XVIII, R. 17, C.P.C., the additional evidence could be allowed at any stage---Even if one or the other party had failed to produce all the material documents and/or failed to request for proper examination of the disputed documents/ signatures/video, the court had ample power to do the needful so as to advance justice rather than injustice---Trial was at the verge of conclusion, but in order to ascertain as to whether the video in question was genuine or not, there was no harm, even at such stage, to accept the request of the petitioner qua sending the video for forensic report regarding its originality and genuineness in the larger interest of the justice---Civil revision was allowed, in circumstances, while accepting the application of the petitioner for sending video for forensic report/expert opinion.

AMIR SULTAN SAFI, ADVOCATE vs WAQAS SABIR S — 2025 PLD 50 PESHAWAR-HIGH-COURT

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