LAHORE: Punjab government is all set to have the Qanoon-i-Shahadat amended to make scientific evidence, including DNA reports, admissible for convictions in criminal cases, according to a report by Dawn.
At present the Qanoon-i-Shahadat (the law of evidence) does not provide for this. The apex court has also declared that DNA cannot be considered the sole admissible evidence for convictions.
The provincial government had in the past attempted to provide in the Qanoon-i-Shahadat the admissibility of scientific evidence, mainly DNA reports, as the sole evidence for convictions in criminal cases because they are irrefutable.
But the attempt was resisted by the law department on two grounds. One, the Qanoon-i-Shahadat was made by the federal government which the province could not amend. Second, scientific reports were mere expert opinions which could not be conclusive for conviction. Such reports should corroborate other evidence to create a chain of links the one end of which starts from the victim and the other goes to the neck of the accused.
Another opinion was that though the subject was concurrent the province could not make or amend any law of the field already occupied by the federal government.
The home department’s view is that the provincial government had spent billions on establishing a forensic science laboratory and engaging topmost experts in the field to follow the world which is relying on irrefutable scientific evidence for convicting criminals.
Its official says the law is on the concurrent list of the Constitution and hence the province has all the rights to have it amended to ensure the conviction of criminals who dodge human ability to detect their wrongdoings.
According to a report, the home department was now sending the file of the draft law to the chief minister for his approval. After this the draft would be circulated for the final nod of the cabinet and tabling in the assembly for adoption, an official said who hoped to have the opinion of the law department overruled.