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SC constitutes seven-member bench to outline definition of terrorism

A testimony will be rejected even if it is part false, rules the apex court

SAMAA | - Posted: Mar 20, 2019 | Last Updated: 3 years ago
Posted: Mar 20, 2019 | Last Updated: 3 years ago

A testimony will be rejected even if it is part false, rules the apex court

Every case is not related to terrorism, said Chief Justice of Pakistan Justice Asif Saeed Khosa on Wednesday. The country’s top court has decided to determine the definition of terrorism.

The Supreme Court has formed a seven-member larger bench, headed by CJP Khosa, to outline the definition of terrorism. The bench has been tasked to specify as to which cases fall under the category of terrorism.

In the meantime, the apex court issued a 31-page detailed judgment, elaborating the legal standing on false testimony. The three-member bench, headed by the CJP and comprising Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah, passed the ruling in a case of false testimony given by Assistant Sub-Inspector Khizar Hayat against Mohammad Ilyas who was accused of murder.

The ruling, written by CJP Khosa, states that trust on a witness is complete, it can’t be partial. If a statement by a witness comprises an untruth, the entire testimony will stand rejected, the ruling says. “We declare that the rule falsus in uno, falsus in omnibus [false in one thing, false in everything] shall henceforth be an integral part of our jurisprudence in criminal cases and the same shall be given effect to, followed and applied by all the courts in the country in its letter and spirit,” it read.

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The apex court directed the judiciary not to demonstrate leniency over the perjury and reject testimony even if it is part false. The top court, in its ruling, ordered to take legal action against the perjurer.

“The judicial system has suffered a lot because judiciary deviated from the path of truthfulness,” the judgment states. “It is high time the serious mistake was corrected in all earnestness.”

“A judicial system which permits deliberate falsehood is doomed to fail and a society which tolerates it is destined to self-destruct. Justice is the core and bedrock of a civilized society and, thus, any compromise on truth amounts to a compromise on a society’s future as a just, fair and civilised society,” it read.

The ruling was interspersed with references of verses from the Quran.

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