ZUBAIDA KHANAM vs State Preamble & S — 2026 PLD 493 LAHORE-HIGH-COURT-LAHORE

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ZUBAIDA KHANAM VS State Preamble & S.10---Qanun-e-Shahadat (10 of 1984), Art.164---Recording of evidence via video link---Scope---Application moved by petitioner (lady/complainant) for recording her evidence through video link was turned down by the Trial Court---Validity---Record revealed that husband of petitioner/complainant was living abroad for gain, who had come to Lahore/Pakistan to participate in the marriage ceremony of his nephew and was allegedly murdered due to some property dispute---Apprehension shown by /complainant was that her husband was murdered through hired shooters and thereafter she and her children were also subjected to threats of dire consequences, therefore, she was constrained to sell out other properties and left Lahore to save herself as well as her children---For the protection of witnesses and other persons connected with the investigation of criminal case, the Punjab Witnesses Protection Act, 2018 ('the Act 2018') was promulgated, which has established a framework for witness protection including measures like physical protection, video links and restricted court room entry and protection for witnesses from being cross examined by the accused directly, particularly for serious and sexual offences while Preamble of the said enactment (the Act 2018) includes/states “or any other serious offence”---Section 10 of the Act, 2018 empowers the court to examine a witness through video link at a location outside the court and if it is not possible to have a video link in the court room, the court may move to the place, where such facility is available---Moreover, Art.164 of Qanun-e-Shahadat, 1984 ('the Order 1984') gives authority to the Court to admit any evidence that may have become available, because of technological advancement; which provision can reasonably be invoked for recording the evidence through video link---Accumulative effect of said provisions of the Act, 2018 and the Order, 1984 was that by invoking both the said provisions, the Trial Court may record a witness through video link, if the circumstances of the case so required---Petitioner was complainant as well as essential witness of the case---Witnesses are most important component of a successful justice system---The prosecution of crimes and the investigation process are both dependent upon the assertions and authentication of witnesses, as such State has an obligation to protect the witnesses---Petitioner seemed to be under threat and it may be very risky for her to appear before the Trial Court for recording her evidence---High Court set-aside the impugned order and directed the Trial Court to record the evidence of petitioner/complainant through video link/video conferencing, etc. after observing relevant protocols---Revision petition, filed by the complainant, was allowed accordingly.

ZUBAIDA KHANAM vs State Preamble & S — 2026 PLD 493 LAHORE-HIGH-COURT-LAHORE

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