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12/09/2021

SOME SOCIAL RULES THAT MAY HELP YOU:

1. Don’t call someone more than twice continuously. If they don’t pick up your call, presume they have something important to attend to;

2. Return money that you have borrowed even before the person that borrowed you remember or ask for it. It shows your integrity and character. Same goes with umbrellas, pens and lunch boxes.

3. Never order the expensive dish on the menu when someone is giving you a lunch/dinner.

4. Don’t ask awkward questions like ‘Oh so you aren’t married yet?’ Or ‘Don’t you have kids’ or ‘Why didn’t you buy a house?’ Or why don't you buy a car? For God’s sake it isn’t your problem;

5. Always open the door for the person coming behind you. It doesn’t matter if it is a guy or a girl, senior or junior. You don’t grow small by treating someone well in public;

6. If you take a taxi with a friend and he/she pays now, try paying next time;

7. Respect different shades of opinions. Remember what's 6 to you will appear 9 to someone facing you. Besides, second opinion is good for an alternative;

8. Never interrupt people talking. Allow them to pour it out. As they say, hear them all and filter them all;

9. If you tease someone, and they don’t seem to enjoy it, stop it and never do it again. It encourages one to do more and it shows how appreciative you're;

10. Say “thank you” when someone is helping you.

11. Praise publicly. Criticize privately;

12. There’s almost never a reason to comment on someone’s weight. Just say, “You look fantastic.” If they want to talk about losing weight, they will;

13. When someone shows you a photo on their phone, don’t swipe left or right. You never know what’s next;

14. If a colleague tells you they have a doctors' appointment, don’t ask what it’s for, just say "I hope you’re okay". Don’t put them in the uncomfortable position of having to tell you their personal illness. If they want you to know, they'll do so without your inquisitiveness;

15. Treat the cleaner with the same respect as the CEO. Nobody is impressed at how rude you can treat someone below you but people will notice if you treat them with respect;

16. If a person is speaking directly to you, staring at your phone is rude;

17. Never give advice until you’re asked;

18. When meeting someone after a long time, unless they want to talk about it, don’t ask them their age and salary;

19. Mind your business unless anything involves you directly - just stay out of it;

20. Remove your sunglasses if you are talking to anyone in the street. It is a sign of respect. Moreso, eye contact is as important as your speech; and

21. Never talk about your riches in the midst of the poor. Similarly, don't talk about your children in the midst of the barren.

22.After reading a good message try to say "Thanks for the message".

APPRECIATION remains the easiest way of getting what you don't have....

22/08/2021

Those who ruled and how & where they ended:
By: Farhat Javed Rabbani

1- King Zahir Shah, longest serving ruler in Afghan history, was in Rome when his cousin Daud Khan overthrew his regime in 1973. Remained exiled till 2002. His 40-year reign coincided with one of the most peaceful period in the country's history. Aged 92, he died of long illness in 2007.

2- Daud Khan - He served twice in office, as PM (Zahir Shah appointed him) & then as the 1st President of Afg after a coup. He & most of his family members were brutally assassinated in 1978 during Saur Revolution which was organized by Nur M Taraki, Hafizullah Amin and Babrak Karmal as its key members & founders of PADP. His and his family’s remains were found in a mass grave in 2008 and were then buried in Kabul.

3- Nur Mohmmad Taraki - among 3 pioneers of Saur Rev - he could rule only for a year as President. His 1 year marked brutal killings of rural Afg people who opposed Saur & his rule. Was overthrown in Sep 1979 & murdered on Oct 8 on orders of his former ally Hafizullah Amin.

4- Hafizullah Amin - main organizer of Saur Rev, he ruled as president for three months only. Suspecting him of having contacts with CIA, he was assassinated in Dec 1979 in Operation Storm 333 by Soviets. Poisonous food a night before at a reception, Amin welcoming Soviet troops in Afg, a sniper shooting & the op itself is a long story!

His legacy set t country on a long, sorrowful path of war, terrorism & political upheaval.

5- Babrak Karmal - Amin was succeeded by this 3rd guy in the group founding PDPA & Saur Rev. ‘Installed’ by Soviets,in 1979 after eliminating Amin. Ruled for 7 years.
Babram was known as “Soviet Puppet”. Afg Mujahideen, with assistance from the US, KSA through Pak, were fighting against him. Soviets turned against him considering him at fault for the Mujahideen's rise. Soviets pressured him to resign & replaced him with KHAD head Najibullah. Exiled to Moscow, he died of liver cancer in 1996.

Taliban announced it as:
“He committed all kinds of crimes during his illegitimate rule. God inflicted on him various kinds of hardship and pain. Eventually he died of cancer in a hospital belonging to his paymasters, the Russians.”

6- Najibullah - A KGB trained KHAD chief & a notorious torturer, succeeded Karmal. He was considered a ‘mass murderer’ and fell from power in 1992, when Mujahideen (under Masoud) ousted the Comm. Govt. Before Before that, he held Kabul and resisted. With Russian supplies gone and his close ally Abdurrashid Dostum joining hands with Massoud proved to be a big blow. Najibullah took refuge at the UN HQ in Kabul. Upon insistence, he agreed to resign. But Massoud’s forces had already reached Kabul. He tried to flee to India but failed.
When Taliban forces seized Kabul in 96,they dragged him out of UN building,hanged him & his brother. Their bodies were strung up in central Kabul.

Mullah Omer said:
“We killed him because he was the murderer of our people”

8- Mullah muhammad Omar -We know abt the rise of Taliban in early 90s & fall of Kabul to the group. Omar became Emir of the IEA in 1996.His govt was not recognized by t USA nor was it clearly opposed. Around that time, Afg already had become a history in White House agendas Omar wasnt a major target post 9/11, but OB Laden. It changed when Taliban rose again & escalated their strikes. At one point, Richard Holbrook said, “Right now if you could choose b/w MO & OBL, I’d lean toward Mullah Omar.”

2 years after he died, news of his death was released.Cause of his death is still not confirmed. Bette Dam wrote in his ‘The Secret Life of Mullah Omar’ that he never hid in Pakistan as believed by the US. Instead, he lived in hiding just 3 miles from a major US FO Base in Zabul And today, Afg is once again under Taliban control. Hamid Karzai ruled Kabul from Dec 2001 till Sep 2014 and is still in Kabul today. Whereas, Ashraf Ghani has already fled Kabul.

21/08/2021

جج طایر خان نیازی قتل کیس۔

لاہور ہائیکورٹ نے مجرمان کی اپیل خارج کرتے ھوئے ایک مجرم فیاض عرف منشا کی سزائے موت اور دیگر سزائیں برقرار رکھیں جبکہ دیگر دو مجرمان راشد عرف چاند اور عامر بھٹی کی دیگر سزائیں برقرار رکھتے ھوئے سزائے موت کو عمر قید میں تبدیل کردیا

Judicial Officer's murder in connection with his official functions is an Act of Terrorism.

By now it is settled law that testimony of closely related witness cannot be discarded merely on the ground of such relationship with the deceased.

appellants were not nominated either in FIR or in the statement u/s 161 Cr.P.C. The ultimate veil was lifted from the identity of culprits through the identification test proceedings held within the precincts of Central Jail, Adyala, under the supervision of Magistrate. During these identification proceedings all the three appellants were identified by two eyewitnesses as perpetrators of this unfortunate occurrence. Needless to mention here that the identification proceedings can be described as the backbone of prosecution case and have direct bearing upon the acceptance or rejection of ocular account.

Evidence of identification test derives its admissibility from Article 22 of Qanun-e-Shahadat Order, 1984 and it is conducted in cases where assailants are not previously known to the eyewitnesses. The procedure to hold identification proceedings is provided in Chapter 11 Part-C, Volume-III of Rules and Orders of the Lahore High Court, Lahore. For correctly dilating upon the legal worth of identification test proceedings conducted in the instant case, we feel a pressing need to reproduce salient points of instructions laid down in Rules and Orders of Lahore High Court, which are as under-

 List of all persons/dummies included in the parade should be prepared containing parentage, address and occupation of each member of the parade.
 When any witness identifies a member of the parade, the Magistrate should note in what connection he is identified.
 If a witness identifies a person wrongly, it should be recorded so instead of mentioning that the witness identified nobody.
 Magistrate should record complaint/objection of suspect, if any.
 The Magistrate should state precautions taken to prevent the witnesses from seeing the suspect before commencement of ID parade.
 Magistrate should ensure that no communication to facilitate identification of suspect is made to any witness, awaiting his turn to identify.
 Magistrate should also note that whether dummies are inmates of jail or not.
 It is fair both to the prosecution and the accused that the members of the parade should be presented in a normal state and, if possible, the dress of the parade should have resemblance to the accused as he appeared to the witness at the time of the commission of the offence.
 At the end the Magistrate should append a certificate regarding his proceedings.

The evidence of Wajtakar, the probative strength of which rests in the doctrine of res gestae provided under Article 19 of Qanun-e-Shahadat Order, 1984. According to the foregoing provision, acts or declarations, accompanying or explaining the transaction or the facts- in-issue are treated as part of the doctrine of res gestae and are admitted as evidence and facts which, though not in issue, are so connected with the facts-in-issue as to form part of the same transaction are relevant. Doctrine of res gestae, provides sanction to certain classes of evidence. ‘Res Gestae’, is a Latin phrase which means that relevant portion of the event, which is connected directly or indirectly with the main transaction of the event. Before dilating further upon the issue, some important definitions of this doctrine are provided below:-
 ‘Res Gestae’ comprehends all facts constituting a part of transaction and all facts relevant, explanatory or illustrative of or characterizing act or principal fact which was subject of or for decision” (Words And Phrases. Permanent Edition 37, 1658 to Date, Published By Thompson-West, At P-37 W&P-265)
 “The facts involved in the determination of an issue are sometimes called the res gestae. They includes acts, declarations and incidents which themselves constitute or accompany and explain, the facts or transactions at issue. Halsbury’s Laws of England, 3rdEdn., Vol. 15, p.263.” (Encyclopaedic Law Dictionary, By Dr. A R Biswas, 3rd Edition 2008, Publishes By Wadhwa Nagpur at Page 1263)
 “Where the witness was standing near the place of occurrence when the shooting took place as a bystander, a statement made by him shortly after the occurrence is a relevant fact. Statement made by a by-stander while still under the influence of the principal transaction is admissible as res gestae”. (Advanced Law Lexicon, By P Ramanatha Aiyar, 4th Edition, Published By Lexis Nexis Butterworths Wadhwa, At Page-4197)
 Indian Supreme Court in Bairon Singh’s case cited as AIR 2009 SC 2603, defined the term in following words:
“The rule embodied in Section 6 1 is usually known as the rule of res gestae. What it means is that a fact which, though not in issue, is so connected with the fact in issue "as to form part of the same transaction" becomes relevant by itself.”

This doctrine is based upon the assumption that every relevant part of the chain of events is considered before the final disposal by a judicial forum dealing with the criminal cases, so that no evidence can be discarded on the ground of irrelevant considerations. History of doctrine of res gestae can be traced back in the year 1693, in Thompson v. Trevanion(1693 Skin LR 402). John Henry Wigmore in his most celebrated book on evidence has provided a brief history of this doctrine in following words: -

“This Exception had its earliest illustration in Lord Hol’s ruling in Thompson v. Trevanion, in 1693; so that the doctrine may be said to have been recognized before the phrase “res gestae‟ came into use. Nevertheless, the development of this doctrine did not begin until after Aveson v. Kinnaird, in 1805, when the phrase in question had begun to be freely used in connection with it; and only since the middle of the 1800s has it been possible to say that this Exception was firmly established...” (Wigmore on Evidence, Vol. VI, 3rdEdn., Published by Little, Brown And Company in 1940, at page-1768)

The test to apply this doctrine is that a fact to be a part of same transaction with that of fact-in-issue should be spontaneous, ruling out any possibility of concoction. In Gentela Vijayavardhan Rao’s case , Indian Supreme Court has elaborated this concept (provided in section 6 of Evidence Act. 1872), in following words:-

“The principle or law embodied in Section 6 of the Evidence Act is usually known as the rule of res gestae recognized in English Law. The essence of the doctrine is that fact which, though not in issue, is so connected with the fact- in-issue "as to form part of the same transaction-becomes relevant by itself. This rule is, roughly speaking, an exception to the general rule that hearsay evidence is not admissible. The rationale in making certain statement or fact admissible under Section 6 of the Evidence Act is on account of the spontaneity and immediacy of such statement or fact in relation to the fact in issue. But it is necessary that such fact or statement must be part of the same transaction.”

In order to make a judicial confession basis for awarding conviction, the prosecution is required to prove that such confession was made voluntarily and it contains true account of the occurrence. It is settled law by now that a confessional statement, if true, voluntary, and containing full details of the events 4 of an occurrence, even if retracted afterwards, can be made basis of conviction even in case of capital punishment.

Prosecution has also relied upon the evidence of CCTV footage and CDR pertaining to the cell phones of appellants and we have also given our considered thought to the admissibility of such evidence. So far as, the CCTV Footage is concerned, admittedly, it was not containing the clear visuals of the incident and the facial features of the culprits were also blurred. On this score alone, the evidence of CCTV footage is destined to be discarded.

As regards, Call Data Record no person or record keeper of the cellular company appeared in the dock to provide legal sanctity to such evidence, thus we are constrained to declare it too, as inadmissible.

Prosecution has also relied upon the report of Deoxyribonucleic Acid (DNA) Test of items recovered from place of occurrence i.e. a butt of cigarette and a cigarette-case with the buccal swabs of the appellants. DNA is a particle that encrypts the genetic information in all living beings and is the blueprint of an individual. It can be obtained from any biological material such as bone, blood, semen, saliva, hair, skin, etc. Generally, when DNA profile of a sample found at the scene of crime matches with DNA profile of the suspect, it can generally be concluded that both samples have the same biological origin so, in cases where a suspect is identified, a sample of that person’s DNA can be compared to evidence collected from the crime scene. The results of this comparison may help establish that the suspect committed the crime.
Since DNA of every human being remains same in all areas of its body, it cannot be altered or changed in any way, meaning thereby it is effectively a form of evidence, which is resilient to any form of tampering. So, this type of forensic evidence is of great help in criminal cases, where identity of an accused is suspicious.

However, the question as to whether DNA tests are virtually infallible may be a moot question, but the fact remains that such test has come to stay and is being used extensively in the investigation of crimes and the Court often accepts the views of the experts, especially when cases rest on circumstantial evidence.

In present case a cigarette-case and a butt of semi-smoked cigarette was taken into possession by the I.O. from the place of occurrence and finger prints were also obtained and secured from the switch board of the room where deceased was present when accused persons entered his house. Although a positive forensic report of DNA test is available on the file which establishes that original source of DNA sampling of semi-smoked cigarette Butt is appellant Fiaz @ Mansha while sample of finger prints obtained from switch boards are of Appellant Rashed @ Chand but it is unfortunate to note that said articles of DNA sampling and fingerprints samples, were not sent to PFSA instantly rather the same was done only after the arrest of appellants and after obtaining their buccal swab standards and finger print samples. This sole fact has shaken the credibility and evidentiary value of report of Deoxyribonucleic Acid (DNA) Test and fingerprint matching report and these reports have proved a futile exercise because, although these tests provide strong corroboration to the stance of prosecution in identifying the accused person(s), but in case of any forensic evidence, concerned authorities must adhere to the fundamentals of preserving specimens, labeling, and the chain of custody and also to comply with any constitutional or statutory requirements regulating the collection and handling of samples. For collection, preservation, safe custody and dispatching of DNA sampling and fingerprint samples to Forensic Laboratory, same principles will be applicable, which are applicable in cases of other items/samples collected for forensic opinions.

It is cardinal principle of law that whenever a sample for forensic test is obtained or taken into possession, same should be sent to Forensic Laboratory without any unnecessary and un-explained delay, to rule out possibility of any fabrication or tampering. So judging this piece of evidence of prosecution in view of aforementioned principles of forensic science, we are not inclined to consider this evidence free from doubts, especially when no plausible explanation has been provided by the prosecution as to why these samples were not sent to PFSA with other items and why police authorities did wait for the arrest of the appellants and sent these samples only after taking subsequent samples from the appellants. So, this piece of evidence is also not of worth reliance.

Crl. Appeal-582-16
RASHID ETC. VS STATE
Mr. Justice Ali Zia Bajwa
2021 LHC 4076

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