NEW DELHI: Delhi High Court has taken a grim view of the allegations that gangsters involved in organised crimes are threatening witnesses from inside prison. 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 to bring home the guilt of an accused, it underlined.
In a recent order, the court directed that witnesses in cases lodged under Maharashtra Control of Organised Crimes Act (MCOCA) must be examined within a month and no unnecessary adjournments should be granted. Justice Swarana Kanta Sharma said threatening those protected under the law would “directly affect” the courts as a witness under duress could never depose truthfully.
The court was dealing with a plea by the prosecution seeking to examine six witnesses to prove threat allegations from MCOCA accused from inside jail. “The allegations against the respondents are that they were engaging in the act of threatening the witnesses even while being lodged within the confines of jail,” the judge observed.
“The court 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, it will directly affect the courts reaching a just decision and punishing the guilty. A witness under threat can never depose truthfully,” Justice Sharma said.
The prosecution alleged that the accused in the present case were part of an organised crime syndicate engaged in unlawful activities and facing charges under MCOCA.
While the accused argued that the prosecution had not shown how the alleged threats to the witnesses were relevant for the court to reach a conclusion in their case, HC pointed out that threatening protected witnesses from jail proved the conduct of an accused, and not allowing the prosecution to examine witnesses would result in miscarriage of justice.
According to the FIR, the accused had not only committed serious offences but were also part of an organised crime syndicate. The court was informed that multiple FIRs had been registered against the accused.
The prosecution argued that by making the threat calls, basic ingredients of unlawful activities as defined under MCOCA continued even when the accused were jailed.
In a recent order, the court directed that witnesses in cases lodged under Maharashtra Control of Organised Crimes Act (MCOCA) must be examined within a month and no unnecessary adjournments should be granted. Justice Swarana Kanta Sharma said threatening those protected under the law would “directly affect” the courts as a witness under duress could never depose truthfully.
The court was dealing with a plea by the prosecution seeking to examine six witnesses to prove threat allegations from MCOCA accused from inside jail. “The allegations against the respondents are that they were engaging in the act of threatening the witnesses even while being lodged within the confines of jail,” the judge observed.
“The court 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, it will directly affect the courts reaching a just decision and punishing the guilty. A witness under threat can never depose truthfully,” Justice Sharma said.
The prosecution alleged that the accused in the present case were part of an organised crime syndicate engaged in unlawful activities and facing charges under MCOCA.
While the accused argued that the prosecution had not shown how the alleged threats to the witnesses were relevant for the court to reach a conclusion in their case, HC pointed out that threatening protected witnesses from jail proved the conduct of an accused, and not allowing the prosecution to examine witnesses would result in miscarriage of justice.
According to the FIR, the accused had not only committed serious offences but were also part of an organised crime syndicate. The court was informed that multiple FIRs had been registered against the accused.
The prosecution argued that by making the threat calls, basic ingredients of unlawful activities as defined under MCOCA continued even when the accused were jailed.
