PESHAWAR, Nov 1: The Peshawar High Court, partially accepting a petition of former senator Haji Gul Sher here on Friday, ruled that a court witness could not submit additional documents when the evidence was closed during a trial.

The ex-senator had challenged an order of the accountability court whereby the court had allowed a court witness, Fazal Rabi, a patwari of the revenue department, to produce additional documents in the famous Ring Road Land Acquisition Case.

However, the court, rejecting another point in the plea, ruled that the court witness could be cross examined by the prosecution with the permission of the trial court.

Advocate Abdul Sattar Khan appeared for the appellant and contended that the patwari had earlier been produced as a prosecution witness. He stated that when the evidence was closed, the trial court had summoned Fazal as a court witness.

Mr Khan also contended that the court had also allowed the prosecution to submit additional documents about the case through the court witness, which, he said, was in violation of the Qanoon-i-Shahadat ( law of evidence).

However, he contended that the trial court had overruled the objection.

He argued that the trial court had overlooked various important points of the law of evidence and, thus, its order would favour the prosecution.

From the statement of the investigation officer, it was evident that the petitioner was innocent as he neither had acquired any land nor any compensation had been paid to him, Mr Khan said, adding that a court witness could not be allowed at such a belated stage to submit documents which could influence the entire case.

The accused, Haji Gul Sher, has been facing a trial, along with four others including ex-NWFP chief minister Aftab Ahmad Sherpao; a former tehsildar, Mosam Khan and patwaris— Nisar Mohammad and Dilawar Khan.

Five of the co-accused have been declared absconders— former provincial minister Habibullah Kundi, three brothers of Gul Sher namely Haji Khatam Gul, Jam Sher and Juma Sher, and a former land revenue collector, Syed Ayub Shah.

All the accused were charged of inflicting a loss of Rs310 millions to the exchequer.