LAHORE: The Lahore High Court has held that it is not warranted by law to admit the documents in evidence exhibited solely on the statements of counsel.

The court said the documents exhibited solely through the statements of counsel without the opportunity for cross-examination would not meet the legal standards for admissibility of evidence. The court observed it would compromise the right of the other party to cross-examine and would lose the best evidence that might be helpful to resolve the controversy.

The court said the right to cross-examination allows the opposing party to challenge the veracity, authenticity, and relevance of the evidence presented, including documents. The court said this ensures the integrity of the judicial process and the rights of the parties involved.

The court, therefore, directed the trial courts to ensure that all documentary evidence is subject to the scrutiny of cross-examination to uphold the principles of fairness and due process.

The court passed this order in an appeal of National Highway Authority (NHA) Islamabad challenging the decision of a senior civil judge which held the respondent entitled Muhammad Afzal Bhatti to get compensation for acquired land at the rate of two million rupees per acre.

The court allowed the petition partially and fixed the compensation of the respondent’s land measuring 22 Kanal & 7 marla acquired for the construction of the Lahore-Sialkot Motorway at the rate of Rs1.5 million per acre along with 15% compulsory acquisition charges and compound interest at the rate of 8% from the date of possession of the acquired land to the date of payment of an enhanced amount of compensation.

The court observed that in this case, respondent Bhatti exhibited 17 documents during the statement of his counsel, and the referee court as well as counsel for the parties in total oblivion of the legal position developed so far allowed the documents to be exhibited, which was not permissible under well-established principles of law.

The court further observed that the superior courts of the country have also enriched the law through their judgments, setting precedents for the proper admission of documents and evaluation. The court, therefore, directed the lower courts to ensure that these legal standards are met to maintain the integrity of the judicial process and uphold the rights of the parties involved.

The court also directed the office to circulate the copy of the judgment to all the lower courts in Punjab as well as presidents of bar associations at the district and tehsil level for strict adherence to ensure substantial justice and to save the parties from any loss.

Copyright Business Recorder, 2024