Qanoon-e-shahadat

The Qanun-e-Shahadat Order 1984 is very important piece of legal document in Pakistan !t repealed the "vidence #ct of 18$% Qanun-e-Shahadat Order &as made la& 'y President (ia-ul-)a* in 1984 !t governs the la& related &ith evidence in all la& courts of Pakistan The Qanun-e-Shahadat 1984 is an o'+ective la& !t is the compendium of rules of procedure,practices according to &hich the court is to record evidence of the parties !t prescri'es rulesmethods &ith regard to evidence of parties This order e.cept &ith fe& e.ceptions- and the repealed "vidence #ct- 18$% are su'+ectively the same 'ut o'+ectively they are poles apart !t is an admitted position that all #rticles or the Order 1984 are su'stantially and su'+ectively mere reproduction of all sections of the repealed #ct &ith e.ceptions of #rticle /- #rticle 4 to 01&ith reference to )udood2- addition of #rticle 44 and addition of a proviso to #rticle 4% if compared &ith corresponding sections of the repealed #ct Similarly the term 3Qanun-e-Shahadat4 is only an 5rdu or #ra'ic translation of "nglish term 36a& of "vidence4 The significant change made in the Qanun-e-Shahadat is that 37ourts8artial4 covered under the #rmy #cts 'esides a tri'unal or other authority e.ercising +udicial or *uasi +udicial po&ers or +urisdiction have 'een included The repealed "vidence #ct- 18$% &as applica'le to 3affidavits4 'ut in the Qanun-e-Shahadat Order- 1984- affidavits are not immune from its application Only the proceedings saved are the proceedings 'efore an #r'itrator- the reason thereof is o'vious that a&ard- if any- announced 'y the #r'itrator is su'+ect to strict scrutiny under the #r'itration #ct- 1949 The O'+ect of Qanun-e-Shahadat Order is evident from its pream'le &hich has never 'een the o'+ect of the repealed "vidence #ct :ith reference to the pream'le- !ntention of o'+ect of introduction this Order- as stated therein- is to 'ring the all la&s of evidence in conformity &ith the in+ection of !slam as laid do&n in the )oly Quran and Sunnah #s interpretation of all articles of Qanun-e-Shahadat must 'e done in conformity &ith the in+ection of !slam as laid do&n in the )oly Quran and Sunnah instead of adopting old interpretation of the repealed "vidence #ct- 18$% )o&ever- principles of !slamic 6a& of evidence so long as they are not codified or adopted 'y Qanun-e-Shahadat- 1984 are not per se applica'le Order apply to all +udicial and *uasi +udicial proceedings #ll technicalities have to 'e avoided and

callas for doing su'stantial +ustice 'et&een parties are to 'e heeded The Tri'unals especially in cases &here they are re*uired to ad+udicate upon the civil rights of the parties are under an o'ligation to act +udicially and are 'ound to follo& the fundamental rules of evidenceand fair play &hich are em'odied in the principles of natural +ustice They are re*uired to give an opportunity to the party affected- make some kind of in*uiry- and give a hearing and to collect evidence- if any 7onsidering all the facts and circumstances 'earing on the merits of the controversy 'efore any decision is given 'y them There are the essential elements of a +udicial approach to the dispute Prescri'ed forms of procedure are not necessary to 'e follo&ed provided in coming to the conclusion these &ell-recogni;ed norms and principles of +udicial approach are o'served 'y the tri'unal <urisdiction of a court &ithin &hose territorial limit- cause of action or part thereof &ould arise cannot 'e contracted out 'y parties