[Delhi Riots] Delhi Court imposes costs on prosecution for showing “no respect” towards time of witness & court
![[Delhi Riots] Delhi Court imposes costs on prosecution for showing “no respect” towards time of witness & court](https://lawbeat.in/sites/default/files/news_images/Delhi Riots_3_1_5.jpg "[Delhi Riots] Delhi Court imposes costs on prosecution for showing “no respect” towards time of witness & court")
Additional Sessions Judge (ASJ) Pulastya Pramachala of the Karkardooma Court, Delhi, requested the DCP north-east to instruct all SPPs, IOs to go through all irrelevant witnesses in all riot cases, and take effective steps to drop them.
A Delhi Court recently while dealing with a Delhi Riots 2020 matter, imposed costs of Rs. 5000 on the prosecution for showing “no respect towards the time of the witness and the court, and money of the public exchequer".
Additional Sessions Judge (ASJ) Pulastya Pramachala of the Karkardooma Court, Delhi, observed that despite giving directions to the prosecution in a number of cases to drop irrelevant and “unnecessary witnesses”, no such action had been taken in this case by prosecution representatives, including Special PPs and IOs.
Court noted that one eyewitness, Himanshu had to be released unexamined after it was discovered that he had narrated the incident at 6.00 pm on February 25, 2020, despite the fact that the current trial is being held in relation to an incident allegedly occurring between 12 am and 1.00 am on the intervening night of February 24 and 25, 2020.
Court further noted that the eyewitness was completely irrelevant, accordingly, he was discharged and his name was removed.
The court stated that despite directions communicated to the DCP, North East, no positive effect was seen in the case. Since the witness had already come to the court, he was paid diet money, Court observed.
Court ordered, "Despite repeated orders, the prosecution had shown no regard for the witness's time, the time of this court, or the money of the public purse, accordingly, I am forced to charge the prosecution Rs.5000. The cost shall be paid in court on the next date, and the DCP, North East shall conduct an investigation to determine accountability to recover such cost amount from the responsible person”.
Furthermore, ASJ Pramachala requested the Deputy Commissioner of Police (DCP), North East to alert all Special Public Prosecutors (PPs) and Investigating Officers (IOs) of all riot cases to go through their cases to see if any irrelevant witnesses have been cited and to take immediate steps to drop them, rather than obtaining summons for such witnesses.
Case Title: State v. Mohd. Shahnawaz & Ors.