Foreign Documents.

 2021 PLD Supreme Court 715

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So far as the “admissibility” and “mode of proof” of foreign documents is concerned, we note that it is governed by the same general principles that are applicable to other documents. In case, the foreign document fulfils the essentials of a “Public Document” under sub-clause (iii) of clause (1) of Article 85 of the Qanun-e-Shahadat, then a certified copy thereof would constitute “secondary evidence” within the contemplation of clause (f) of Article 76. However, special conditions have been prescribed for the certified copy of the foreign public document to be admissible and proof of that document. The said conditions precedent have been prescribed in clause (5) of Article 89 of the Qanun-e-Shahadat, which in essence are that: first, the certified copy must have been issued by the legal keeper of the document; second, a certificate is to be provided on that certified copy by a notary public or Pakistan Consul/diplomatic agent under his seal to the effect that the copy is duly certified by the officer having the legal custody of the original; and third, the character of the document is proved according to the law of the foreign country.