ISLAMABAD: Emphasizing that justice must be administered with humanity and respect for individual dignity, the Supreme Court issued directives directed courts across the country to provide proper seating arrangements for witnesses during testimony, declaring that compelling them to stand for prolonged periods in the witness box serves no legitimate purpose in the administration of justice.
A judgment issued in response to a criminal petition , three-member bench of the Supreme Court comprising Justice Muhammad Hashim Khan Kakar, Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim expressed a courtroom is not merely a place where disputes are resolved but a forum where the authority of law must operate alongside respect for human dignity.
Author judge of the 11-page verdict in the matter, Justice Salahuddin Panhwar held that witnesses who appear before the judiciary assist the administration of justice and must therefore be treated with fairness, composure, and respect. The bench noted that in many trial courts witnesses are often required to remain standing in the witness box for long periods during examination and cross-examination, sometimes extending for several hours regardless of age, health, or gender.
According to the court, no provision in the Code of Criminal Procedure, the Code of Civil Procedure, or the Qanun-e-Shahadat Order requires a witness to remain standing while giving evidence. The judgment observed such practices may impose unnecessary physical and psychological strain on witnesses and could affect the clarity and composure with which testimony is delivered. Allowing a witness to remain seated while deposing, the court said, does not undermine the sanctity of the oath or the dignity of judicial proceedings; instead, it strengthens fairness and the orderly administration of justice.
Referring to constitutional guarantees, the bench highlighted that the protection of witnesses and complainants flows directly from Articles 9, 10-A, and 14 of the Constitution, which ensure security of person, the right to a fair trial, and the dignity of man. Together, these provisions impose a duty upon the State to protect individuals appearing before courts from intimidation, humiliation, or undue hardship.
The bench further noted that Pakistan’s statutory framework also reflects this commitment through witness protection laws enacted at both federal and provincial levels. These laws provide mechanisms such as anonymity, relocation, security arrangements, and testimony through video-link in appropriate cases to safeguard vulnerable witnesses.
Highlighting the ethical foundation of judicial proceedings, the court remarked that a witness enters the witness box as a citizen assisting the justice system, not as a servant of the court. Justice, it observed, does not demand endurance or unnecessary suffering but requires the truth to be presented in an atmosphere of composure, security, and respect. Accordingly, the Supreme Court directed all District and Sessions Judges, special courts, tribunals, and subordinate courts across Pakistan to ensure that appropriate seating arrangements such as chairs, seats, or benches are provided in witness boxes. The registrar of the court has also been directed to circulate the judgment to the chief justices of all high courts to ensure nationwide implementation.
The ruling came while the court dismissed a petition seeking consolidation of two trials arising from separate FIRs under different legal regimes, holding that the question involved judicial discretion and did not warrant interference under Article 185(3) of the Constitution. Legal observers say the directive marks an important step toward making Pakistan’s courtrooms more humane and aligned with constitutional principles of dignity and fair trial.
