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


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

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