scribe cannot be regarded as an attesting witness ?

A scribe cannot be regarded as an attesting witness unless he attests the agreement in capacity of witness too. Supreme Court of Pakistan Sheikh Muhammad Muneer v Mst. Feezan Civil Petition No. 962 of 2016 Mr. Justice Qazi Faez Isa Mr. Justice Yahya Afridi https://www.supremecourt.gov.pk/downl... Facts: Petitioner filed a suit for specific performance alleging execution of agreement which was witnessed by three witnesses. He produced only one witness and scribe. Issue: Whether a scribe can be termed as witness? Analysis: A scribe may be an attesting witness provided the agreement itself mentions/nominates him as such. The agreement mentioned three attesting witnesses by name and the scribe (Muhammad Iqbal) was not one of them…As regards the scribe he was not shown or described as a witness in the said agreement, therefore, he could not be categorised as an attesting witness. The cited verse of the Holy Qur’an mentions three times the word scribe (katib) and five times the witness/es (shahid) but does not use these words interchangeably, instead separately and distinctively. Therefore, a scribe and a witness cannot be the same. Conclusion: A scribe cannot be regarded as an attesting witness unless he attests the agreement in capacity of witness too.