Plea for recalling of witness in Jaya case posted to June 3

Last Updated: Monday, May 30, 2011 - 14:47

New Delhi: The Special Court on Monday posted
to June 3 for orders in the application filed by an accused
for recalling one of the witnesses in the disproportionate
assets case against Tamil Nadu Chief Minister J Jayalalithaa.

Justice BM Mallikarjunaiah posted to Friday the
application filed by second accused Sasikala Natarajan, close
aide of Jayalalithaa.

Earlier, counsel for Sasikala, MS Kandaswamy
submitted that recalling was very much justified as when the
witness was recalled for cross-examination during 2003,
"witness was dispensed with by prosecution without being
cross-examined".

Kandaswamy further contended that it was necessary and
"totally justified" to recall the said witness to enable
Sasikala file certain documents (which have been mentioned) in
connection with the case.

Special Public Prosecutor BV Acharya, quoting a
Supreme Court judgement, submitted that there was "absolutely
no necessity to recall a witness who has been examined and
cross-examined and if it is done, it is indicative of how
judicial process has been subverted".

He pointed out that whenever an application is filed
for recalling of a witness on non-justifiable grounds,
prosecution has every right to oppose it. "In this case, the
application is not justified and is not bonafide".

The court then posted the application for orders.

PTI



First Published: Monday, May 30, 2011 - 14:47
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