Recalling ‘old’ witnesses will delay trial: HC

Pointing out that the accused persons cannot expect the courts to wait for them to take a decision as to when they will cross examine the witness, Justice N Anand Venkatesh, said, “On the one hand it is true that fair trial must be ensured to the accused persons. That does not mean that the accused persons will examine witnesses on their own sweet will and pleasure.”

“On the one hand, this Court is insisting upon the trial Courts to dispose of long pending criminal cases and therefore, the trial Courts are getting strict while dealing with recall petitions. If such orders are interfered in a casual manner, this Court will also be responsible for the pendency of the cases before the subordinate Courts,” the judge said.

As per the case, M Vellaisamy and K R Mayalagu who are facing trial for cheating and extortion at the CCB and CBCID Metropolitan Magistrate Court in Egmore moved the High Court challenging the dismissal of their plea seeking to recall a couple of witnesses. The witnesses were first examined in 2012 even as the final report was filed in 2007. The trial court had dismissed the plea on the ground that the petitioners cannot be allowed to recall the witnesses at their own pleasure and that the entire attempt is only to drag on the proceedings.

Finding neither illegality nor infirmity in the order of the trail court, Justice Anand Venkatesh held that the practice of treating petitions filed under Section 311 of Cr P C in a casual manner and calling witnesses to the Court for cross-examination repeatedly should be stopped.

“As it is witnesses are hesitant to come before the Court and depose. If they are repeatedly called before the Court, at one stage no one will be ready to appear before the court as witness,” the judge added while noting that unless the Courts get strict while dealing with such petitions seeking to recall witnesses, no solution can be found for the disposal of the long pending cases and the docket explosion is going to continue to haunt the Courts.