𝐓𝐡𝐞 𝐒𝐮𝐛𝐨𝐫𝐝𝐢𝐧𝐚𝐭𝐞 𝐂𝐨𝐮𝐫𝐭 𝐌𝐮𝐬𝐭 𝐧𝐨𝐭 𝐑𝐞𝐦𝐚𝐢𝐧 𝐁𝐲𝐬𝐭𝐚𝐧𝐝𝐞𝐫 𝐰𝐡𝐞𝐧 𝐚 𝐏𝐚𝐫𝐭𝐲 𝐛𝐞𝐟𝐨𝐫𝐞 𝐭𝐡𝐞 𝐂𝐨𝐮𝐫𝐭 𝐂𝐨𝐦𝐦𝐢𝐭𝐬 𝐏𝐞𝐫𝐣𝐮𝐫𝐲 𝐨𝐫 𝐅𝐚𝐛𝐫𝐢𝐜𝐚𝐭𝐞𝐬 𝐭𝐡𝐞 𝐄𝐯𝐢𝐝𝐞𝐧𝐜𝐞: 𝐈𝐇𝐂

𝐓𝐡𝐞 𝐒𝐮𝐛𝐨𝐫𝐝𝐢𝐧𝐚𝐭𝐞 𝐂𝐨𝐮𝐫𝐭 𝐌𝐮𝐬𝐭 𝐧𝐨𝐭 𝐑𝐞𝐦𝐚𝐢𝐧 𝐁𝐲𝐬𝐭𝐚𝐧𝐝𝐞𝐫 𝐰𝐡𝐞𝐧 𝐚 𝐏𝐚𝐫𝐭𝐲 𝐛𝐞𝐟𝐨𝐫𝐞 𝐭𝐡𝐞 𝐂𝐨𝐮𝐫𝐭 𝐂𝐨𝐦𝐦𝐢𝐭𝐬 𝐏𝐞𝐫𝐣𝐮𝐫𝐲 𝐨𝐫 𝐅𝐚𝐛𝐫𝐢𝐜𝐚𝐭𝐞𝐬 𝐭𝐡𝐞 𝐄𝐯𝐢𝐝𝐞𝐧𝐜𝐞: 𝐈𝐇𝐂

It has become a usual practice in our courts that parties tell lie on affidavit, commits perjury and fabricate the evidence in order to get favorable relief from the court. This practice has become a prevalent phenomena in our legal practice. However, the most concerning fact about this practice is that the offender party goes scot free even he/she tell lie in the court and submits a fabricated evidence.

A case of such a nature came before the Islamabad High Court  wherein one of the parties had committed perjury and fabricated evidence by securing signatures of the witnesses on a paper wherein the consideration amount was left blank and it was added later without the knowledge of the witnesses, and that too contrary to the facts.

In this background, Justice Babar Sattar held that perjury and fabrication of evidence are serious crimes under section 191 and 192 of the Pakistan Penal Code. Both of these crimes are deplorable and they must be taken serious irrespective of whether they have been committed in a criminal matter or a civil matter. He held that the nature of the case does not affect the offence. These acts are equally deplorable in any case.

The offender party was imposed cost up to 100000/PKR and the case was remanded back to the Court of Sessions to send it to a competent court for initiation of criminal proceedings against the perpetrator.

The High Court categorically directed the subordinate courts not to turn blind eye to the issue of perjury and the act of fabricating the evidence. The Court held that courts must remain bystander in such a situation.

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