Islamabad (Pakistan News): The Supreme Court has ruled that harassing witnesses or asking irrelevant questions under the pretext of cross-examination is unacceptable. The court clarified that the right to cross-examine is neither unlimited nor uncontrolled, and trial courts have full legal authority to restrict or terminate unnecessary cross-examination to ensure a fair and effective judicial process.
In this case, the Supreme Court upheld the decisions of the trial court and Lahore High Court, emphasizing that courts are obligated to protect witnesses from undue humiliation and pressure. The trial court had observed that further cross-examination in the case was unnecessary, irrelevant, and tantamount to harassment, and therefore terminated the defendant’s right to continue questioning.
The Lahore High Court dismissed the appeal against the trial court’s decision, which was within its legal jurisdiction. According to the Supreme Court, wearing down witnesses through prolonged questioning to force errors undermines justice, and the judicial system cannot permit such practices.
The court also noted that there exists a strong legal presumption to ensure the accuracy of judicial records, and the Lahore High Court acted correctly under Section 151 of the CPC in regulating proceedings.
The case involved a 53-kanal, 3-marla property in the Mohlanwal area of Lahore, where the plaintiff appeared as a witness. Over seven hearings in two months, the witness was subjected to cross-examination spanning 30 pages, which the trial court deemed unnecessary.
The written judgment was issued by Justice Shahid Bilal Hasan.
