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Statements before the Commission of Inquiry

166. The testimonies of certain witnesses have been discredited by the trial Court on the ground that they had spoken differently before the Commission of Inquiry („CoI‟) constituted to look into the matter. This is despite the well settled legal position that statements made to a CoI cannot be relied upon in a trial. Section 6 Commission of Inquiry Act („CoIA‟) reads as under:

"6. Statements made by persons to the Commission. No statement made by a, person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: