Introduction

Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts about his
cause of action. In fact, plaint consists of some contents, and it is mandatory that such contents
should be present in plaint.
What is Plaint?
Plaint is written statement of plaintiff’s claim. Through plaint, plaintiff describes his cause of
action and other necessary particulars to seek remedy from court for redressed of his grievances.

Necessary Contents of Plaint Pleading refers to plaint and written statement. In plaint, plaintiff
should allege facts about his cause of action. In fact, plaint consists of some contents, and it is mandatory
that such contents should be present in plaint. Order 7 Rule 1 of CPC lays down that a plaint must
contain the following particulars;
Followings are the necessary contents of plaint;

(i) Plaint should contain name of that court in which suit is brought.

(ii) Plaint should contain name, description and residence of plaintiff.

(iii) Plaint should contain name, description and residence of defendant.

(iv) When plaintiff or defendant is minor or person of unsound mind, plaint should contain a
statement to that effect.

(v) Plaint should contain those facts, which have constituted cause of action. In addition to this, it
should also be described in plaint when cause of action has arisen.

(vi) Plaint should contain those facts, which show the court has jurisdiction.

(vii) Plaint should contain that relief, which plaintiff claims.

(viii) When plaintiff has allowed set off or has relinquished a portion of his claim, plaint should
contain that amount, which has been so allowed or so relinquished.
(ix) Plaint should contain statement of value of subject-matter of suit not only for purpose of
jurisdiction, but also for purpose of court-fees.

(x) Plaint should contain plaintiff’s verification on oath.

Written Statement is the reply statement filed by the defendant in a suit specifically denying the allegations
made against him by the plaintiff in his plaint. The rule regarding written statement is contained in the Code of
Civil Procedure, 1908 (for short “CPC”). In this short post for law students, we deal with some basic points
related to the written statement.

In CPC, a civil suit starts with the filing of the plaint. It contains the averments or allegations pertaining to a
particular set of facts filed by a party called plaintiff. The opposite parties are called defendants. When
a plaint is called the pleading of a plaintiff, the written statement is the pleading of the defendant as stated
under Order VI Rule 1 of CPC.[ads-post]

If the suit is numbered, the Court will order the issue of summons as per the proviso to Order V Rule 1 of
CPC, the Court may direct the defendant to file a written statement of his defence while issuing summons to
him. Since the written statement is a pleading of the defendant, every general rule applicable to pleadings as
stated in Order VI of CPC is applicable to written statement also.

If the defendant is claiming a particular relief in his defence, he should specifically claim it in his written
statement. This rule is stated in Order VI Rule 7 of CPC.

Audi alteram partem and written statement

Order VIII of CPC contains provisions regarding Written Statement. Rule 1 of the said Order states that the
defendant shall present his written statement on the first date of hearing unless permitted by the Court to
submit the same on any other date. This rule makes it clear that filing of the written statement is mandatory. It
is mandatory for the Court to follow the principle of ‘audi alteram partem’ which means ‘hear the other side’.
A written statement is the first chance given to the defendant to raise his voice on the matter in issue in the suit.

Effective conduct of trial

Filing of the written statement by defendant enables the Court to decide upon the issue in the plaint on merits.
It is after filing of the written statement that the Court knows both sides of the issue and based on the same the
Court can effectively frame issues/questions in the suit to decide upon while taking evidence in the case(Order
XIV CPC).

Defences in written statement

The defendant can specifically deny the allegations made in the plaint against him by the plaintiff. Besides this,
he can claim to set-off any sums of money payable by the plaintiff to him as a counter defence. Further, if he
has any claim against the plaintiff relating to the matter in the issue raised in the plaint, the defendant can
separately file a counter-claim along with his written statement. Thereafter the plaintiff can also file replication
or his written statement in his defence to the counter-claim of the defendant. This is stated in Order VIII Rule
6A sub-rule (3).

Additional written statement

Order VIII Rule 8 permits filing of an additional written statement if any new grounds of defence arisen. This
rule is applicable to both plaintiff and defendant. Order VIII Rule 9 also specifies the right of the Court to ask
the parties to submit written statement/additional written statement.

Failure to file written statement is fatal

A written statement has to be filed within a period of thirty days unless extended by the Court to a specified
time (Order VIII CPC). If a party fails to file written statement within the stipulated time, the Court, at its
discretion, may decide the suit based on the averments in the plaint.

Q#3

Definition of Evidence
In legal terms, evidence covers the burden of proof, admissibility, relevance, weight and
sufficiency of what should be admitted into the record of a legal proceeding. Evidence --
crucial in both civil and criminal proceedings -- may include blood or hair samples, video
surveillance recordings, or witness testimony. The Federal Rules of Evidence (PDF)
govern the admissibility of evidence in federal trials, but state rules of evidence are
largely modeled after the federal rules.

If evidence is procured illegally, such as during an unlawful police search, then that
evidence (and any other evidence it leads to) may not be used at trial. Evidence that is
deemed irrelevant or prejudicial to a case also may be deemed inadmissible.
Additionally, evidence may be thrown out if the integrity of its handling ("chain of
custody") is in doubt.

There are four general types of evidence:

1. Real evidence (tangible things, such as a weapon)

2. Demonstrative (a model of what likely happened at a given time and place)
3. Documentary (a letter, blog post, or other document)
4. Testimonial (witness testimony)

Terms to Know

 Circumstantial Evidence: Evidence that tends to prove a factual matter by

proving other events or circumstances from which the occurrence of the matter
can be reasonably inferred.
 Corroborating Evidence: Evidence that is independent of and different from but
that supplements and strengthens evidence already presented as proof of a
factual matter.
 Hearsay: A statement made out of court and not under oath which is offered as
proof that what is stated is true (usually deemed inadmissible).
 Exclusionary Rule: A rule of evidence that excludes or suppresses evidence
obtained in violation of a defendant's constitutional rights
Q#4
Remand section 167 Cr.P.C. Pakistan, What is Physical Remand and Judicial Remand
To send a prisoner back to the custody-the act of sending back (a prisoner) into custody.
[Encyclopedia law dictionary]
The act of an appellate court when it sends a case back to the trial court to conduct entirely new
hearing or an entirely new trial or to take some other further action.
Section 167 of Cr.P.C. throw light on remand but other section 61,62,167,173 and 344 Cr.P.C. are
also relevant.
In simple words police is duty bound to complete the investigation with in 24 hours and if police fail
to complete the investigation then police must presents the arrested person to the magistrate along
with application of physical remand.
There are two types of remand i.e. physical remand and judicial remand. When a caused is sent to
custody of police by magistrate it is called physical remand and when the accused is sent to judicial
lock-u/jail it is called judicial remand. Weather to send a person on physical remand or judicial
remand is an total direction of magistrate but higher court laid down some grounds which a
magistrate should follow.
1) Discharge the accused at once on the ground that there is no cause shown for further detention.
2) Remand him to police custody for term not exceeding 15 days in whole and send copy of his order
which reasons for making it to the Sessions judge.
3) Proceed at once to try a caused himself.
4) Forward the accused to Sessions judge.
5) Physical remand can only be given when presence of accused is absolutely necessary for the
completion of inquiry.
6) In the case of physical remand period should be as short as possible.
7) In case of confession person must be sent to judicial custody.
Following are some important point related with remand.
Magistrate should discourage tendency of police to take remand to extort confession.
Magistrate can discharge the accused at the time of remand.
Fifteen days remand should not be allowed at one stretch.
Remand in absence of accused is not only illegal but also violation of article 10 of the
constitution of Pakistan.
Ghulam Sarwar’s case 1984 p.cr.l.j.2588
Following are guide lines laid down in this case:
1- Magistrate shall not authorize the police remand except on strong and exceptional ground.
2- Magistrate shall record reasons.
3- Copy of order must send to session judge.
4- After expiry of 15 days magistrate shall requires the police to submit complete or incomplete
challan and in case challan is not submitted, he shall refuse further detention of the accused and
shall release him on bail with or without sureties.
5- Before granting police remand magistrate shall assure about sufficient evidence.
6- No remand in absence of accused.
7- Magistrate shall avoid granting remand at his residence.
8- Opportunity should be given to accused to raise objection.
9- Magistrate shall examine police file.
10- If no investigation was conducted after having obtained remand, the magistrate shall reuse to
grant further remand/adjournment.
11- In case complete challan is not submitted magistrate shall commence trial at strength of
incomplete challan.
12- If challan not submitted within 2 months, the magistrate shall report matter to Sessions judge
and notice to SP Police of district.
13- No remand for sock of cooperation which police.
14- Magistrate shall always give reasons for the grant of remand and adjournment.
Remand is very important because of brutal methods used by police during investigation or
physical remand. Further bail application can only be moved after accused send to judicial
magistrate. Judicial remand and physical remand are different from each other. Section 167 of
CrPC Pakistan applied on judicial remand as well as physical remand
What Is The Meaning Of Remand In Cr.P.C?
Generally, the word remand means to return or send back. The Legal Definition of remand has
two different meanings. Firstly, this term is used to send back the accused or prisoner in the
custody of competent authority. Secondly, it is used to send back the cases from the appellate
court to the lower court. The case was remanded from the appellate court to lower court when the
lower court commits error in a trail.
In the context of detained person remand means to send back the arrested person who is waiting
to conclude his trial, to police custody for further interrogation.

Need and Purpose Of Remand

There is a huge discussion that why this Remand is necessary. On following three ground we can
say that remand is necessary

 The original purpose of remand in custody was to ensure that the accused attends the court
as required
 Protection of victims
 Final disposition of matters for which accused is remanded in custody.
Remand In Constitution
The concept of remand can also be found in the Constitution of Pakistan 1973 Article 10 (1) &
(2), which provides us that
10. Safeguards As To Arrest And Detention
(1) No person who is arrested shall be detained in custody without being informed, as soon as
may be, of the grounds for such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before a magistrate
within a period of twenty-four hours of such arrest, excluding the time necessary for the journey
from the place of arrest to the court of the nearest magistrate, and no such person shall be
detained in custody beyond the said period without the authority of a magistrate.

Types Of Remand In Pakistan

There are three types of the arrest of remand mentioned in the criminal procedure code
1898 which will be explained as follows:
Police Remand Under Cr.PC/ Physical Remand
It is also called physical remand or (jismani remand in Urdu). This authority is given by the
magistrate to the police to keep accused in their custody for certain time period.The person who
is arrested for the first time, cannot be detained in custody for more than 24 hours. and he should
immediately be produced before illaqa magistrate.

The person who is arrested for the first time, cannot be detained in custody for more than 24
hours. He must be produced before illaqa magistrate immediately after arrest.
How Arrest Is Made
Under section 46 of Cr.PC, it is explained that how arrest should be made. This section says that:
(1) in making an arrest the police officer or other person making the same shall actually touch or
confine the body of the person to be arrested unless there be a submission to the custody by word
or action.

(2) Resisting endeavor to arrest. If such person forcibly resists the endeavor to arrest him or
attempts to evade the arrest, such police officer or another person may use all means necessary to
effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an
offense Punishable with death or with [imprisonment for life.]

So the bare reading of this section it can be said that in order to arrest the person the police
officer has to touch him or use force if that person resists.The force must not be used when the
accused person surrenders himself.

Responsibility Of Police Officer After Arrest

After the arrest when the person is in the custody of police section 62 of Cr.PCapplies. It says
that “Officers in charge of the police station shall report, to the District Magistrate, or, if he so
directs, to the Sub-Divisional Magistrate, the cases of all person arrested without the warrant,
within the limits of their respective station, whether such persons have been admitted to bail or
otherwise.
Under criminal procedure code, every person who is arrested without the warrant has to be
produced before the court where the proceeding is pending against him or to the police station or
post. The interrogation must not be carried out at any private jail but only at the police station or
police post.

Daily Diary Of Police Known As Roznamcha

The moment the person is taken to the police station his name shall be registered or entered
in Roznamcha police (Daily Diary of Police). This is document is prepared in those cases where
a non-cognizable offense is made out.
The police officer will enter the substance of information in the daily diary of Police Station. A
copy of roznamcha is also given to the complainant.

Another copy of the complaint is sent to the concerned judicial magistrate for further action.
Police do not have powers to investigate a non-cognizable offense without the orders of the
magistrate”.

Columns Of The Daily Diary

Under section 172 of Cr.PC, every police officer who is investigating the case is bound to
maintain a daily diary on daily basis. The diary set forth that:
 The time at which the information reached to him
 At what time he began and closed his investigation
 The place of visit
 Statements of circumstances ascertained by his investigation and etc.
 Persons discovered by him to be witness to some offense
Section 167 of Cr.PC throw light on remand but other sections 61, 62, 167, 173 and 344
Cr.PC are also relevant. Now section 167 prescribes that when the investigation of an offense
cannot be completed within 24 hours. The accused should be produced before the class first
magistrate who may order his remand as he thinks necessary. But the following conditions must
be fulfilled.
Conditions While Giving Remand In Cr.P.C
1. He should ensure that allegation is well founded on good grounds. If allegation is not well
founded he is not bound to entertain order of remand
2. To examine police diary: in order to satisfy himself as to the nature of the allegation, the
magistrate should examine an official document which is supposed to be maintained by
every police officer. Without examining the police diary magistrate cannot grant remand in
any case. Police diary is not a public document court cannot take it as evidence but the court
may examine to ascertain the nature of the allegation.
3. To examine the accused: accused whose remand is sought must be produced before a
magistrate for examination. Without producing the accused no police officer can secure
physical remand. The magistrate cannot give remand of accused without examining him.
What Is Parcha Remand (Remand Application)
To obtain physical remand a remand application has to be filled by the police officials before the
magistrate. This application is called parcha remand.

In this remand application, Police request the court to give them remand for certain period. The
court depending on the circumstances of the case may grant remand as is demanded by the police
or it can deny.

Subsection (2) of 167 of Cr.PC states that the magistrate is authorized to give remand
irrespective of whether he can try that case or not. Even in murder cases, remand is given by the
magistrate.
Numerous physical remands can be granted but the aggregate amount should not exceed 14 plus
3 days.

Power Of The Court To Give Remand

The class first and section 30 magistrate can give an order of remand. The session or high court
or 2nd or 3rd class magistrate are not authorized to give remand. The class second magistrate can
give remand if authorized by the provincial government.

According to section 167(3) of Cr.PC magistrate is bound to record reasons for the passing order
of remand. While Considering all the condition and circumstances the magistrate can give
remand.
The magistrate should reduce those circumstances in writing and thereafter he must send a copy
of the order to the court of session.

Can A Remand Order be Appealed?

The session court is a competent court to revise the order or to cancel the remand given by the
magistrate. The order of session court must have sufficient reasons in it. The High Court can also
change the order of remand given by session court.
Before passing the order the magistrate has to receive the arguments from both parties accused
(against remand) and police (in favor of remand). After considering all arguments magistrate has
to reach a conclusion whether remand should be granted or denied.

How Long Be A Person Held On Remand In Custody?

As already explained the aggregate time limit for granting physical or judicial remand in custody
is 14 days but extra 3 days’ time is granted to submit incomplete challan.

Rights Of Accused Held In Remand

There is a wrong perception that physical remand means that accused will be tortured by the
police in order to get the information relating to the offense. can you contact someone on
remand? or can you visit someone on remand? These questions are frequently asked by many. So
the accused has certain rights while in custody of police:

1. Right to get legal assistance

2. Right to communicate with relatives

3. Right to get medical assistance if he is sick

4. Right to remain silent and don’t give answer to every question put before him by the police

Whether Bail Application Can Be Lodged During Remand?

Can you get bail on remand? The answer is in YES. When police produce the accused before
the magistrate for physical remand the accused can forward bail application. The magistrate can
ask the accused counsel to argument on bail application. After hearing arguments the magistrate
can order the release of the accused.
On the other hand if the magistrate grant remand of accused, it means the bail application is
dismissed.

During physically remand another bail application is not allowed unless the physical remand is
expired and the custody of accused is transferred to the court. After the expiry of remand,
another bail application can be filed.

Whether to send a person on physical remand or judicial remand is a total discretion of the
magistrate. The magistrate must follow the guidelines laid down by the high court while granting
remand.

Guidelines While Granting Remand

These are the guidelines which are laid down in Rules and Orders of the High Court. These are
as under:
Discharge the accused at once on the ground that there is no cause shown for further detention.
Or

Remand him to police custody for a term not exceeding 15 days in whole. A copy of the order is
also provided to the Sessions Judge for the purpose that:

1. Proceed at once and try the case himself.

 2. Forward the accused to Sessions judge.
3. Physical remand can only be given when the presence of accused is absolutely necessary for
the completion of the inquiry.
4. In the case of physical remand, the period should be as short as possible.
5. In the case of confession, the person must be sent to judicial custody.
There is a very important case in which superior courts have sets the standards while giving
remand. Ghulam Sarwar’s case 1984 p.cr.l.j.2588
Guidelines Settled In Ghulam Sarwar’s Case
Following are guidelines laid down in this case:

1. The magistrate shall not authorize the police remand except on the strong and exceptional
ground.

2. The magistrate shall record reasons.

3. A copy of the order must be sent to the session judge.

4. After expiry of 15 days magistrate shall require the police to submit complete or incomplete
challan and in case challan is not submitted, he shall refuse further detention of the accused and
shall release him on bail with or without sureties.

5. Before granting police remand magistrate shall assure about sufficient evidence.

6. No remand in absence of accused.

7. The magistrate shall avoid granting remand at his residence.

8. Opportunity should be given to accused to raise objection.9. The magistrate shall examine
police file.

9. The magistrate shall examine police file.

10. If no investigation was conducted after obtaining remand, the magistrate shall refuse to grant
further remand.

11. In case complete challan is not submitted magistrate shall commence the trial at the strength
of incomplete challan.

12. If challan not submitted within 2 months, the magistrate shall report the matter to Sessions
judge and notice to SP Police of the district.

13. No remand for the sack of cooperation which police.

14. The magistrate shall always give reasons for the grant of remand and adjournment.

Police Report Or Challan

While describing the concept of remand. It is very important to explain the police reports which
are made by the police under section 173 of Cr.PC. This section says that;
Every investigation shall be completed as soon as possible and without any delay. Police report
shall be submitted by the officer in charge of the police station to the public prosecutor so that a
magistrate can take its cognizance. This report is made on a prescribed form bearing

7 Columns Of Police Report Or Challan

This report is made on a prescribed form bearing seven columns which are approved by the
provincial government this form includes:

1. Name of the person who submits report and name of the aggrieved party.

2. Absconder who is nominated In FIR but could not be arrested and a person who is found
innocent by the police

3. Those accused against whom this report is submitted but they are on bail

4. Those accused who are still in police custody

5. Case property or anything received by the police during the investigation which could be used
as evidence

6. List of witnesses and

7. Brief facts of all the case

What If Police Report Is Not Completed In Required Time

If the report cannot be completed within 14 days from the recording of first information report
known as FIR under section 154 of Cr.PC. The officer in charge of police station will send
an interim report (Namukamal Challan) in 3 days to the public prosecutor.
This report will be presented before magistrate then, he has the discretion to start the trail of
accused on that report or not. If he finds that this report has sufficient information and grounds to
starts a trail he can do so.

After perusal of this section 173 of Cr.PC, it can be said that under this section three types of
report are prepared according to the situation
Complete Challan(Mukamal Challan)
After the registration of FIR under section 154 police starts its proceeding. The police collect all
evidence and record the statement of witnesses and then prepares complete challan. This
complete challan is submitted to the

This complete challan is submitted to the public prosecutor who presents it to the competent
court. The court can start the trail on basis complete challan.
Supplementary Challan(Zimni Challan)
In our local language, it is also called as “Zimni”. It is made after completion of final report the
reason is that when any new fact is revealed or police get their hands on any new evidence. It
records all new facts in this report and this report must be read as an integral part of the final
report.
Incomplete Challan(Na Mukamal Challan)
This report is mentioned in the first proviso of section 173 of cr.p.c. When due to any reason
final report cannot be completed then the officer in charge of police station have three more
days.

The police officer must complete an interim report within 3 days and submit it to the public
prosecutor. The public prosecutor relying on this report request the court to start the trail.

The police officer must complete an interim report within 3 days and submit it to the public
prosecutor. The public prosecutor relying on this report request the court to start the trail.

Now there are some remedies which I want to discuss here. Sometimes the challan is not
completed within required period due to this delay, the accused who has not yet proved as guilty
suffers most.

So what an accused can do when this challan cannot be completed in time.

Application Under Section 561-A Of Cr.PC
The accused can file an application in the high court stating that the prosecution has not any solid
proof to prove his guilt. The required time for submitting the report has also lapsed.

Hence it shows their malafidness and incompetence so the charges against him must be quashed
and be released.

Application Under Section 249-A Of Cr.PC

An application under this section can only be filed if the trial commenced in the court of
magistrate. And if the police report is not submitted and magistrate also has the opinion that the
accused cannot be proved guilty so he can release the accused on two grounds1. Groundless: the
charge made is groundless in whole or

1. Groundless: the charge made is groundless in whole or2. Probability: that there is a very weak
probability that accused will be convicted

2. Probability: that there is a very weak probability that accused will be convicted

Application Under Section 265-k Of Cr.PC

If the trial commenced in the session court and no challan is submitted in required time. The
accused can submit an application under section 265-K Cr.PC. The Format of this application is
also provided in it.
When the police remand ends then there are two possibilities. Either accused is released on bail
under section 496 and 497 of Cr.PC. He can be discharged from the court under section 63 of
Cr.PC or he will be sent on judicial remand. We can say that where police remand ends judicial
remand starts.
Judicial Remand Or Court Remand
The accused is remanded by the judiciary to send him back to jail. It is granted by every criminal
court where the case is pending. It can be given by the magistrate or court of session or high
court.
It is not subject to any time limit and it continues as long as the court deems it necessary. Until
the case is pending in court the judicial remand continues.

The court cannot give remand for more than 15 days consecutively. While giving remand the
accused must be produced before the court. After examination, if the court thinks fit it can give
remand.

The judicial remand is granted under section 344 of Cr.PC which is as under:
Power To Postpone Or Adjourn Proceedings.
(1) If, from the absence of a witness or any other Reasonable cause, it becomes necessary or
advisable to postpone the commencement of or adjourn any Inquiry or trial.

The Court may, if it thinks fit, by order in writing, stating the reasons therefore from time to
time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers
reasonable, and may by a warrant remand the accused if in custody

Provided that no Magistrate shall remand an accused person to custody under this section for a
term exceeding fifteen days at a time.

(2) Every order made under this section by a Court other than a High Court shall be in writing
signed by the Presiding Judge or Magistrate

Explanation. Reasonable Cause For Remand

If sufficient evidence has been obtained to raise a suspicion. The accused may have committed
an offense, and it appears likely that further evidence may be obtained by a remand. This is a
reasonable cause for a remand.
According to section 344 every criminal court can1. Postpone proceeding

1. Postpone proceeding2. Adjourn proceeding

2. Adjourn proceeding3. Remand the accused on detention if he is in custody

3. Remand the accused on detention if he is in custodyJudicial remand can be granted by any

court. It is not subject to any particular time, it is not for the purpose of investigation but it is
given by the

Judicial remand can be granted by any court. It is not subject to any particular time. It is not for
the purpose of the investigation but it is given by the Court only in relation to trial business.

Some Decision Of The Court On This Matter

Under section 344 Cr.PC it is the duty of the police officer to furnish justification for the
detention of accused in custody. If challan under 173 Cr.PC has not been filed and trial is not
commenced 2009 SCMR 141
Session court cannot adjourn case for a very long period 1990 PCrLJ 555
Grant of remand in routine and on Robkars without accused being physically produced
amounts to violating the object behind this section PLD 1999 Pesh. 39
Q#5
Right to fair trial: For the determination of his civil rights and obligations or in any criminal charge against
him a person shall be entitled to a fair trial and due process.
Thus, the right to fair trial is now a fundamental, constitutional right belonging to every citizen of Pakistan; it
extends not only to criminal charges but also to civil rights and obligations. Although the Constitution itself
does not define the right, reference to international human rights covenants, such as the European Convention
on Human Rights (the ‘ECHR’), may be a helpful starting point in trying to outline the essentials of what
constitutes a ‘fair trial’. Article 6 of the ECHR includes the following elements as a basic minimum standard
required in a ‘fair trial’: a fair and public hearing, both in civil and criminal cases, by an independent and
impartial tribunal, within a reasonable time; announcement of the judgement in open court, though for a
number of reasons restrictions may be placed on the press and public from attending all or part of a trial;
presumption of innocence of the accused in a criminal offence until he is shown to be guilty beyond reasonable
doubt; availability of safeguards to a person charged with a criminal offence, including the right to be informed
of the charge against him, to have adequate time and facilities to prepare his defence, to be defended through
counsel or in person, to avail legal aid if required, to produce witnesses or have witnesses summoned and
examined and to have an interpreter in case of a language problem.
In addition to international human rights frameworks, there is a gradually developing jurisprudence in Pakistan
on the meaning of a ‘fair trial’ which points to a wide interpretation of Article 10-A of the Constitution. For
instance, a seven-member bench of the Supreme Court recently interpreted the new fundamental right in the
context of contempt of court proceedings against former Prime Minister, Yousaf Raza Gillani. 2 The Court
stated that the right to fair trial was a long recognized right, now constitutionally guaranteed and ‘by now well
entrenched in our jurisprudence’. The Court added that through Article 10-A, the right had been ‘raised to a
higher pedestal; consequently a law, or custom or usage having the force of law, which is inconsistent with the
right to a 'fair trial' would be void by virtue of Article 8 of the Constitution’. The Court opined that the
legislature left the term ‘fair trial’ undefined, perhaps intentionally, so as to assign it a universally accepted
meaning, which included the ‘right to a proper hearing by an unbiased competent forum’, emanating from the
maxim ‘no man can be a judge of his own cause’.3 Elaborating on the principle that ‘justice should not only be
done but be seen to be done’, the Court held that a judge may not adjudicate upon any case in which he has a
personal interest, regardless of whether his decision is likely to be influenced by it. In another case, the
Supreme Court, in the context of declaring the presumption of innocence to be the ‘cornerstone of the
administration of justice’, pointed to the firm acknowledgment by the courts that the principles of fairness, fair
play, justice and equity were embedded in the Constitution well before the right to fair trial was incorporated
into the Constitution.4
Indeed, Article 10-A is intrinsically linked to and dependant on other fundamental rights guaranteed by the
Constitution. Generally, the Constitution gives every citizen the right to be dealt with in accordance with the
law, provides for their equality before law and equal protection, gives protection against illegal actions which
are detrimental to their life, liberty, body, reputation or property, allows them to do all that is lawful and
protects them from being compelled to do anything which the law does not require them to do. More
specifically, in the context of a ‘fair trial’, the Constitution makes provision for protection against illegal
deprivation of life and liberty, including safeguards as to arrest and detention which require that an arrested
and detained person be informed of the reason for his arrest, have the right to consult and be defended by a
counsel of his choice and have the right to be produced before a magistrate within twenty-four hours of his
arrest (except in the case of ‘preventive detention’).5 Moreover, the Constitution provides safeguards against
retrospective punishment, double punishment and self-incrimination and upholds the privacy of a person’s
home, his dignity and protection against torture intended for extracting evidence. However, the actual practice
of arrest and detention reveals a litany of violations of the right to fair trial and related fundamental rights.
Some common violations are discussed below
Q#6

JUDGMENTS
A judgment is a written statement of the reasons for a court’s decision. A typical judgment contains the
following elements:

 A statement of the facts of the case, and lower court rulings.

 Identification of the legal issues involved in the case.
 Arguments raised and cases cited by the parties.
 The legal reasoning that is relevant to resolve those issues.
 The ruling of the court on questions of law.
 The result of the case: the court’s order, and which party was successful.
Most legal disputes that are eventually resolved by the verdict of a court are rarely straight forward.
Consequently, judgments are usually more complex than the simple outline of elements above can
capture. Because the High Court only hears the most important cases in Australia, its judgments are often
among the most complex

Single judgments, joint judgments and plural judgments

A single judgment is the written reasons of one judge. Sometimes the High Court issues a
single, unanimous judgment in which all judges join. One perceived advantage of a unanimous
judgment is that the Court’s view and the interpretation of the law is made very clear. In other
cases, every judgment issued will be a single judgment.
A joint judgment is a judgment that is co-authored by two or more judges. Where a majority of
Justices issues a joint judgment, that forms the majority judgment of the Court. A majority may
still form among several judgments, which is sometimes referred to as a plurality (although that
term is not often used in Australia, and its precise meaning is not settled). The key to
understanding the difference is to remember that the majority’s ruling is formed by
whichever orders a majority of the judges would make (for example, dismiss the appeal,
appellant to pay the respondent’s costs, and so on).

Q#7
Juadgment debtor
The term "judgment debtor" is a legal term used to describe anyone who is ordered to pay money to
another by a court's legal judgment. A judgment debtor can be a person who is ordered to pay child
support for his children, a corporation that is ordered to pay restitution for its unsafe products, or a
criminal who is ordered to repay the money that he has stolen. In any of these cases, that person
who has had the court officially pronounce judgment against him for a specific or general monetary
amount has become, by definition, the "judgment debtor" in the case.

Obligations of the Judgment Debtor

In many cases the judgment debtor will not have sufficient funds to make full repayment, and s/he
may have to have his wages garnished or have property liens attached. These actions are taken in
order to make sure that the judgment debtor can eventually pay the judgment in full. When the
debtor's wages are garnished, for example, money is taken from his paycheck each time he is paid.
The money is withdrawn by the employer and paid to the appropriate party before the judgment
debtor ever sees the money, and the wage garnishment may continue until the judgment is paid to
the plaintiff in full.
Whatever the case may be, the judgment debtor will stand as the fiscally responsible party until the
court judgment is overturned or satisfied by being fully paid. The outstanding judgment will also
generally show up on the credit report of the judgment debtor, both during the period of time when it
is outstanding and for several years afterward.

Judgment Debtor

A party against which an unsatisfied court decision is awarded; a person who is obligated to satisfy a cour
t decision.The termjudgment debtor describes a party against which a court has made a monetary award.
If a court renders a judgment involvingmoney damages, the losing party must satisfy the amount of the a
ward, which is called the judgment debt. Such a decisiongives the winner of the suit, or Judgment
Creditor, the right to recover the debt, or award, through extraordinary means, andthe court may help the
creditor do so. State law governs how the debt may be recovered. Although the recovery process canbe
harsh, the law provides the debtor with certain rights and protection.

Q#8 Witness with QSO

COMPETENCY OF WITNESS:
RELEVANT PROVISIONS
Art 3 and 17 of QSO
DEFINITION OF WITNESS
BLACK’s LAW DICTIONARY
“A person, who testifies about a particular fact that he has seen, heard or perceived it.”
COMPETENCY OF WITNESS:
There are certain qualifications for the competency of the witness. Law imposes the following
restriction on competent witness:
WHO MAY TESTIFY:
All persons shall be competent to testify unless the Court considers that they are prevented from
understanding the questions put to them, or from giving rational answers to those questions, by
tender years, extreme old age, disease, whether of body or mind or any other cause of the same
kind:
TO WHOM COURT THINKS COMPETENT:
Satisfaction of the court is another essential element for the competency of witness. If court does not
consider witness as competent he cannot appear as competent witness even witness is person of
sound mind or generally considered competent.
WHO DETERMINES THE COMPETENCY OF WITNESS
It is presiding officer of court who determines the competency of witness by putting some questions
to him.
GENERAL RULE
All persons are competent witnesses who are able to understand question.
Understanding capability: Competent witness must understand what court of law wants to enquire.
He must have capability to answer the questions of court.
EXCEPTIONS/INCOMPETENT WITNESS:
Law has debarred some persons to appear as competent witness. Detail of those is as follows:
1. Incapacity of rational response: Person who is incapable to understand the question put to him or
who cannot give rational answers of court is not competent witness.
2. Young age factor: Although no age limit is prescribed for the competency of witness but it does
not mean that person of every age can appear as competent witness. Person who due to young age
factor cannot understand the requirement of evidence is not considered competent witness.
3. Old age factor: Old age does not matter but it matters a lot. Person who due to old age factor
could not understand the rationality of the questions and answers put to him in court is not
competent witness.
4. Bodily infirmity: Person who is bodily infirm is not competent witness.
5. Mental infirmity: Person of unsound mind is debarred to appear as competent witness, i.e., who
was person of unsound mind at the time of occurrence of incident.
6. Conviction in false evidence: Person is not competent who has been convicted in false evidence
except where he has been repented and mended his ways.
7. Unable to understand: the person who is unable to understand the question is not competent to
witness.
8. Qazaf: where person convicted of Qazaf is incompetent of testify. (AL-QURAN)
9. Habitual lair: where person is known for lying he would be disqualified for witness.
10. Where is interest: where person has fiscal interest or he has certain relationship with the party of
litigation he will not be treated as competent witness.
11. falseprejury: a person who is convicted of false perjury is also disqualified as witness.
12. Female in hudood: females in hadood cases can’t be regarded as witness.
13. True Muslim: In certain cases only true Muslim is competent witness particularly in Hudood
crimes. He must be person of those qualifications which Quran and Sunnah prescribe for a witness.
Tazkiashahood: Tazkia-Al-Shahood:
Tazkiah is an obligation on Qazi for ascertaining the competency and righteousness of a witness by
himself or through the medium of purgatory when competency of witness is challenged, that
(i) The witness should be clean from deeds which attract Hadd punishment
(ii) The witness should be free from sins
(iii) The witness should be Adil
(iv) Maturity
A witness must be a person of mature mind and understanding.
(V) Eye-sight
A witness must posses eye-sight in case of facts capable of being seen.
(VI) Speech
A witness must possess the capacity to speak or communicate in cases of Huded.
(VII) memory
A witness must be of good memory and person of bad memory is not considered as a competent
witness.
(vii) Muslim
The jurists agreed that Islam is a condition for the acceptance of testimony and the testimony of
disbeliever is not permitted but the jurists did not agree regarding its permissibility in bequests made
on a journey. Abu Hanifah said that it is permitted upon the conditions mentioned by Allah, while
Malik and shafi said that it is not permitted.
14. Male (only in hudood cases): only male in hodood cases are competent to witness. Such as in
Zina 4 male witness are required and in other cases two male witnesses are required.
DETERMINATION OF COMPETENCY OF WITNESS:
Where there is any doubt of competency of witness, only court shall determine his competency by
putting questions to him. His response shall explore his competency.
EXCEPTIONS: Law has prescribed certain exceptions for the competency of the witness such as:
1. Ordinary witness: Where person of the qualifications prescribed in Quran and Sunnah is not
available, the court may take the evidence of the person who is available to testify the fact in issues.
2. Repented person:Person who had been debarred to appear as witness due to his disqualification
by way of false evidence or any other major sins, can be considered as competent witness if court
thinks that he has mended his ways and repented.
3. Lunacy while testifying: A person who was person of sound mind at the time of occurrence of the
incident is not incompetent witness if he loses his memory or becomes person of unsound mind
while he testify the truth before court. Court shall give him reasonable time for recovery so that he
may testify truth before court. Time relaxation is provided to reach at truth and conclusion.
4. Child witness: Child is competent witness provided court thinks him competent by testifying as to
his ability to give evidence. Set question cannot be asked to determine his ability to give evidence.
ZATOON BIBI VS. THE STATE (1998 PCRLJ 1680 SC AJ & K)
Qanun-e-Shahadat Order 1984 ----Art. 3---competency of witness to testify---child witness ---Law
requires the intelligence of a child witness to testify in the circumstances of the case and not the
factor of his or her age.
NUMBER OF WITNESSES
In certain matters different number of witnesses are required such as:
Hudood crimes:
As far as hadood crimes are concerned Quran and Sunnah determine the number of witnesses.
Such as in Zina 4 male adult muslim witness are required and in other hadood cases 2 muslim
males are reuired who fulfill the criteria of tazkiya e shahood.
Financial and future obligations:
need two males or one male and two females witnesses for conviction.
In civil cases:
one male or one female witness can be accepted.
Cases where one woman witness is sufficient:
Those matters where there is the presumption that one woman is available, her evidence would be
acceptable such as in the matters of child birth.

Jurisdiction

Have you ever been bossed around at work by someone who's not your boss? You think: ''You can't
tell me what to do!'' So you go to your boss who either tells off the other boss, or tells you to do what
that person says. This is similar to how jurisdiction works in a court system.
Generally, jurisdiction is the authority of a court to hear a case. This means that without jurisdiction,
a judge can issue an order, but legally it has no effect. So where does jurisdiction come from? It is
based on the laws of each state.
For example, let's say John wants a divorce, and since his state has a court system divided by
criminal and civil courts, he must file his divorce in civil court. However, it must be a civil court that
handles divorces, or there is no authority to hear the case. Which courts have jurisdiction over
crimes or divorces is up to that state's laws.
Types of Jurisdiction

A court must have jurisdiction over the person (personal jurisdiction) and the legal issue (subject
matter jurisdiction) before it can hear a case. Without both of these, a court does not have
jurisdiction to hear that case, even if it has one of these.
For example, John goes to court to get a divorce, and it's a civil court that hears divorces. Sounds
good, right? However, if that court is in another state, then that state does not have personal
jurisdiction over John, so there's no authority to hear the case.

Original Jurisdiction
When a court has both personal and subject matter jurisdiction, it is said to have original
jurisdiction, as opposed to appellate jurisdiction, which is the authority to review a case.
Also, if a more that one court has jurisdiction, this is called concurrent jurisdiction. The court
where the case is first heard has original jurisdiction, and all matters in that case have to go to that
court, unless that court gives up jurisdiction to another court.
For example, if John and June live in different states, both states having proper jurisdiction, and
June files a child custody suit in her state, then her state has original jurisdiction in that matter, and
all future hearings must go through that state's courts. This is true even though John's state would
have had original jurisdiction if he had filed first.

Diversity & Supplemental Jurisdiction

Each state has their own system of courts, and so does the federal government. By law, these
systems are separate, but in some matters, there may exist concurrent jurisdiction over a case.
Typically, this might be a personal injury claim between two citizens, each living in different states.
Federal courts have jurisdiction over controversies between citizens of two states. This is
called diversity jurisdiction, and when this happens, the plaintiff can file in state or federal court.
Sometimes there is a need to add additional claims to the original complaint. If the case is properly
in federal court because of diversity jurisdiction, what happens when a claim is added that has no
diversity jurisdiction? Does that new claim have to be filed separately in state court? Or can the
claim just be added to the already filed case?
This is where supplemental jurisdiction comes in to play, which is when federal courts have the
authority to hear a new claim that is substantially related to the original claim. This is even if the
federal court wouldn't have had the authority to hear the new claim on its own.