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Synopsis

The Delhi High Court has taken serious view of the allegations that members of organised crime syndicates threatened witnesses from inside prison and said that such actions strike at the core of protection of witnesses who are the eyes and ears of the judicial system and the only means to reach a just decision.

The bench of Justice Swarana Kanta Sharma ordered that witnesses in cases lodged under the Maharashtra Control of Organised Crimes Act (MCOCA) be examined within one month and no unnecessary adjournments be sought by the prosecution.

Justice Sharma said that threatening those protected under the law will “directly affect” the courts as a witness under duress can never depose truthfully.

“The allegations against the respondents are that they were engaging in the act of threatening the witnesses of the case in question even while being lodged within the confines of jail. Such actions strike at the core of protection of witnesses who are the eyes and ears of the judicial system and are the only means of reaching just decision of a case and bring home the guilt of an accused”, the court said in its order dated September 4.

The court said that it also remains conscious of the fact that in case the witnesses who are protected under the law in a criminal case are threatened even from jail.

Justice Sharma made the observations on a petition by the State against a trial court order refusing to allow the prosecution to summon and examine six witnesses with respect to the allegations of threats to witnesses from jail.

The prosecution alleged that the accused in the present case were part of an organised crime syndicate engaged in unlawful activities and are facing charges under MCOCA.

According to the FIR, the accused had not only committed serious offences but were also part of an organised crime syndicate. The court was apprised that multiple FIRs have been registered against the accused persons.

The counsel for one of the accused argued that the prosecution had not shown as to how the witnesses allegedly threatened were relevant for the court to arrive at a just decision.

To this, while noting that since the prosecution wanted to bring on record the evidence of those witnesses who would prove the conduct of the accused of threatening the protected witnesses of this case from the jail itself which would be relevant factor for deciding the present case, the court said,

“This Court is of the firm opinion that dismissing this petition would result in miscarriage of justice as the crucial evidence which should be before the Court to decide the present case will not be brought before it due to technicalities of law”, it added.

Conclusively, court directed that witnesses in the case be examined within one month and no unnecessary adjournment be sought by the prosecution.

Case Title: State of NCT of Delhi v. Mohd. Iqbal Gazi & Ors.