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Petitioner: Sirajuddin Shaikh VS Respondent: Spl; Judge Anticorruption Provicial Sukkur An Other
Court Name: Sindh High Court Judge(s): Irshad Ali Shah Title: Sirajuddin Shaikh vs Spl; Judge Anticorruption Provicial Sukkur An Other Case No.: Crl. Revision Application No.S-94 of 2020 Date of Judgment:2020-12-31 Reported As: 2020 SHC 1444 Result: Application disposed off
Judgment ORDER 1. Application for urgent hearing is granted. 2. Over ruled. 3. The applicant by way of instant revision application has impugned an order date 17-11-2020 passed by learned Special Judge Anticorruption (Provincial) Sukkur Division @ Sukkur whereby his application u/s 540 Cr.P.C for recalling PW Ghulam Hussain for purpose of cross examination has been dismissed. It is contended by learned counsel for the applicant that the applicant has been denied right of cross examination to very important witness, which is against the spirit of fair trial. By contending so, he sought for setting a side of the impugned order . Learned DPG for the State, who being available in the Court, after waiving the notice has recorded no objection to grant of instant revision application. I have considered the arguments and perused the record. It is the cross examination, which not only help the accused, but the Court itself to arrive at just decision of the case, same could hardly be denied, if denied, would negate the mandate contained by article 10-A of the Constitution of Islamic Republic of Pakista n 1973 which prescribes fair trial to every citizen for determination of his rights/obligations in civil as well as in criminal proceedings. In view of above, the impugned order is set aside with direction to learned trial Court, to recall PW Ghulam Hussain for purpose of cross examination. Instant revision application is disposed of accordingly .