Tazkia-ul-Shahud —
— importance of — rule is to determine competency of witness — we find it necessary to highlight this important issue which has been observed generally that the principle of “Tazkiyaul-Shahood”, is grossly overlooked by the trial Court. “Tazkiya-ul-Shahood”, is the rule for determination of competency of a witness to testify. Muhammad Shahbaz v. Nasarullah Khan & others2023 SCR 384 (P)
— observation of Court — Tazkia-ul-Shahud despite being vital part of trial — not followed due diligently by Courts — it has generally been observed that the due diligence, proper procedure and necessary steps which are required are not followed, while conducting “Tazkiya-ul-Shahud” and unfortunately, this vital part of the trial is neglected and disregarded. Muhammad Shahbaz v. Nasarullah Khan & others2023 SCR 384 (R)
— principles for conducting Tazkia-ul-Shahud—- principles were quoted and reaffirmed the importance of same. Muhammad Shahbaz v. Nasarullah Khan & others2023 SCR 384 (S) PLD 1988 SC (AJ&K), 190 & 1992 SCMR 196. Ref & rel.
— responsibility of Mozaki — purgation — report of Muzakki should be of sufficient standards —Muzakki who inquires about Tazkia-al-Shahud is under great responsibility. The inquiry made by Muzakki may not necessarily be open or confidential but should be of sufficient standard to convince the Court about credibility of the witness appearing before it. It is very astonishing that the person who has been declared fit for evidence by Additional District Qazi in purgation report which was prepared after closing of evidence, does not fulfil the basic criteria of Tazkia-ul-Shahud in the light of his own statement. Muhammad Shahbaz v. Nasarullah Khan & others 2023 SCR 384 (F)