[Delhi Riots] No Respect For Judicial Time, Public Money: Court Calls For Sensitization Of SPPs, IOs To Drop Irrelevant Witnesses, Imposes 5K Cost

A Delhi Court yesterday called for sensitization of special public prosecutors (SPPs) and investigating officers (IOs) for taking steps to drop irrelevant witnesses in the 2020 riots cases, rather than obtaining summons for them.

Additional Sessions Judge Pulastya Pramachala also imposed Rs. 5,000 cost on the prosecution for calling an irrelevant and unrelated witness in a riots case, who was later discharged and his name was dropped.

"Unfortunately, despite giving directions to the prosecution in a number of cases for dropping irrelevant and unnecessary witnesses, no such step has been taken in this case by representative of prosecution i.e. Special PPs as well as IOs," the Court noted.

It added,

"No respect for time of the witness, time of this court and money of public exchequer, is being shown by prosecution despite repeated directions. Hence, I am compelled to impose a cost of Rs.5000/- upon the prosecution. The cost shall be paid in the court on the next date and ld. DCP, North East shall further make enquiry to fix accountability, in order to recover such cost amount from the responsible person."

The development ensued in FIR 53/2020 registered at Gokalpuri Police Station. 

During the course of hearing yesterday, a witness was present in the Court, however, he was discharged unexamined after it was found that he had given a statement in respect of an incident which was unrelated to the FIR in question.

While the witness had given a statement to the police regarding an incident which allegedly took place at 6.00 p.m. on February 25, 2020, the Trial in the FIR was being conducted in respect of an incident allegedly taken place between 12 a.m. to 1.00 a.m. in the intervening night of 24th and 25th February, 2020.

"Since the witness had already come to the court, therefore, he was paid diet money," the Court said.

It added "…a request is again repeated for ld. DCP, North East to sensitize all Special P.Ps and IOs of all the riot cases to go through their cases to check, if any irrelevant witness has been cited and to take immediate steps to drop them, rather than obtaining summons for such witnesses."