The Hindu : National : Court: time to tackle witnesses turning hostile

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Thursday, Mar 09, 2006

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National

Court: time to tackle witnesses turning hostile

J. Venkatesan

``Deal with witnesses turning hostile''

NEW DELHI: The Supreme Court, hearing the Best Bakery case, on Wednesday called for measures to deal with frequent instances of witnesses turning hostile.

Apparently shocked by the recent acquittal of all accused in the Jessica Lal murder case, a Bench of Justices Arijit Pasyat and H.K. Sema said: "Courts have always been considered to have over-riding duty to maintain public confidence in the administration of justice — often referred to as the duty to vindicate and uphold the majesty of the law."

Writing the judgment, Justice Arijit Pasyat said in the case of defective investigation, the court had to be circumspect in evaluating the evidence. "It would not be right in acquitting an accused solely on account of the defect, to do so would amount to playing into the hands of the investigating officer if the investigation is designedly defective."

It said: "Time has become ripe to act on account of numerous experiences faced by courts on account of frequent turning of witnesses hostile either due to threats, coercion, lures and monetary considerations at the instance of those in power, their henchmen and hirelings, political clout and patronage and innumerable other corrupt practices ingeniously adopted to smother and stifle truth and justice to become ultimate casualties."

The Bench directed the trial court in Mumbai to dispose of the case of perjury against Zahira uninfluenced by the observations made by the inquiry officer or the apex court.

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