ISLAMABAD: The Islamabad High Court has dismissed a petition challenging the recording of a witness statement in the absence of the accused and his counsel in the murder case of TikToker Sana Yousaf.
In a detailed nine-page judgment, Justice Khadim Hussain Soomro rejected the plea filed by accused Umar Hayat against the trial court proceedings, observing that no legal flaw, irregularity or jurisdictional defect had been found in the impugned order.
The court noted that the accused had attended the proceedings through a video link, which constitutes legally valid presence. It further held that court order sheets are recognised as correct and authentic unless proven otherwise. Emphasising the importance of expeditious justice, the high court observed that trial courts are under a legal obligation to conduct day-to-day hearings to ensure early disposal of cases.
The right to a fair and speedy trial under Article 10A of the Constitution, the judgment stated, is not only a right of the accused but also serves the larger public interest.
The court remarked that it is the responsibility of counsel to remain available for the progress of the case rather than prioritising personal convenience. It cautioned against levelling allegations regarding the conduct of a judicial officer on the basis of mere apprehensions, adding that the concept of impartiality is intrinsic to judicial proceedings.
While dismissing the petition, the court observed that in case of further delay, the accused may be provided legal representation at state expense. It also directed that counsel should refrain from making unsubstantiated allegations against the trial court in future.
The petitioner had sought exclusion and re-recording of witness statements on the ground that they were recorded in the absence of the accused and his lawyer. The high court, however, found no merit in the contention and upheld the trial court’s proceedings.
Published in Dawn, March 1st, 2026.
