Depriving accused opportunity of cross examining the witness is violation right of fair trial

Depriving accused opportunity of cross examining the witness is violation of fundamental right of fair trial Supreme Court of Pakistan Sher Hassan and others v. Gul Hassan Khan and others. Criminal Petition No. 1091 of 2021 Mr. Justice Umar Ata Bandial, Mr. Justice Sayyed Mazahar Ali Akbar Naqvi https://www.supremecourt.gov.pk/downl... Facts: Through the instant petition, the petitioners have called in question the vires of the judgment of the learned Peshawar High Court, Peshawar whereby the Criminal Revision filed by the petitioners was dismissed and the orders of the learned Courts below were upheld by which the right of the petitioners to cross-examine the PWs was struck down. Issue: Whether the fundamental right of fair trial is violated if any accused is deprived of the opportunity to cross-examine a witness deposing against him? Analysis: Article 10A of the Constitution of Islamic Republic of Pakistan 1973 speaks about right of fair trial and due process both in civil as also in criminal proceedings. While deciding a criminal lis, the recording of evidence including the right of cross-examination of the witnesses, hearing of arguments and a reasoned judgment are the essential attributes of criminal justice system based on the Constitutional command. The statements of witnesses and cross-examination is a vital part of that material, which form part of evidence, therefore, in absence of such an important piece of evidence, the Court could not come to a just and fair conclusion. In Muhammad Bashir Vs. Rukhsar (PLD 2020 SC 334) this Court has held that “right to cross-examine is the right of the adverse party which right he/she may forego but one which he/she cannot be deprived of. Criminal trial of an accused must be conducted with utmost fairness. Fundamental right of fair trial which the Constitution guaranteed is violated if any accused is deprived of th