What is the remedy, when the trial court struck down the right of cross examination

Cross examination , right of --- Scope --- Right of cross - examination struck down by Trial Court due to non - appearance of counsel on several dates of hearing --- Constitutionality --- Fundamental right of fair trial which the Constitution guarantees is violated if any accused is deprived of the opportunity to cross - examine a witness deposing against him --- Petition for leave to appeal was converted into appeal and allowed , and the Trial Court was directed to afford an opportunity to the petitioners to cross - examine the prosecution witnesses .

 While deciding a criminal lis , the recording of evidence including the right of cross - examination of the witnesses , hearing of arguments and a reasoned judgment are the essential attributes of criminal justice system based on the Constitutional command . 

 

The statements of witnesses and cross - examination is a vital part of the material , which forms part of evidence , therefore , in absence of such an important piece of evidence , the Court can not come to a just and fair conclusion .

 Fundamental right of fair trial which the Constitution guarantees is violated if any accused is deprived of the opportunity to cross - examine a witness deposing against him . 

 In the present case , it would be in the interest of justice , if the petitioners ( accused persons ) are given the opportunity to cross examine the three prosecution witnesses , and by doing this no prejudice would be caused to the respondents ( complainants ) . Petition for leave to appeal was converted into appeal and allowed , impugned judgment was set - aside , and the Trial Court was directed to afford an opportunity to the petitioners to cross .

2022 SCMR 1360

This legal summary outlines a court decision regarding the right of cross-examination in a criminal trial. Here are the key points:

Background:

The defendant's lawyer missed several hearing dates, resulting in the trial court denying their right to cross-examine prosecution witnesses.
The defendant appealed, arguing that this violated their fundamental right to a fair trial.

Court's Decision:

The court agreed that denying the right to cross-examine witnesses significantly hinders a fair trial.
They converted the appeal request into a full appeal and overturned the lower court's decision.

The trial court was ordered to give the defendant the opportunity to cross-examine the witnesses.

Reasoning:

The court emphasized the importance of cross-examination in ensuring a fair trial.

It allows the defendant to challenge the witness's testimony and present their defense effectively.

Without cross-examination, the court cannot reach a just and fair conclusion based on all available evidence.

Additional Notes:

The summary refers to a specific case from 2022 in Pakistan.
The principles discussed may apply differently in other legal systems depending on specific laws and precedents.

I hope this summary is helpful! Feel free to ask any further questions you might have.