Sohrabuddin 'fake' encounter case: Public prosecutor reprimanded for examining Hindi daily reporter as witness

Judge SJ Sharma directed the superintendent of police (CBI) to present himself before the court in the second-half of the day.
For representational purposes
For representational purposes

MUMBAI: Additional Sessions Judge S J Sharma on Thursday reprimanded special public prosecutor B P Raju for seeking court's nod to examine a journalist Rajesh Toshniwal, who was working for a Hindi daily, as a witness in connection of the Sohrabuddin Sheikh and his accomplice Tulsiram Prajapati's alleged 'fake' encounter case.

Judge Sharma said, "Press reporters may write without a base. Will you bring an editor next, is this a comedy, a joke?" To this, Mr Raju told the court that the said reporter had written a report regarding Tulsiram's arrest.

"There is a contention regarding Tulsiram's date of arrest. The prosecution's submission is that he was arrested on November 26, 2005 at Bhilwara and then had been kept in illegal custody for three days and only then shown as arrested on November 29, 2005. However, the defence disputes this and states his arrest was made on November 29, 2005, as has been shown in records," he said.

The Judge warned Mr Raju, "Okay you bring him, but if I find he (the reporter) had written without merit, I will take action (against him), that he has defamed these persons (the accused). Do you want that?" Judge Sharma further asked, "What do you want to prove when the main witnesses are coming? Was he (press reporter) there (at the scene of arrest)?" "This witness is a press reporter," the prosecutor told the Judge,

"There is more (than just the report). They (some of the accused) had declared themselves (about having arrested Tulsiram)," Mr Raju said.

This interaction had taken place between the press reporter and one of the accused in a press conference to announce the encounter of Sohrabuddin Sheikh in 2005, he pointed.

Judge Sharma, still not convinced about the need to examine him, questioned Mr Raju as to who had prepared the list (of witnesses).

He then directed the superintendent of police (CBI) to present himself before the court in the second-half of the day.

The prosecutor agreed to drop the witness. The press reporter is a part of an old list of witnesses.

Reportedly, the Judge had questioned about it earlier, too, why he should be examined? On Wednesday, the prosecutor had sought the court's permission about calling the witnesses from the previous witness list who had not yet been examined.

The Judge had said, "Call all 700 witnesses. You are increasing the volume (of witnesses), making the trial voluminous.Since  the last two months you are torturing me.

The Judge is due to retire in December.

It is to be noted that Judge Sharma had in November 2017 passed an order restraining the media from reporting on the same case.

The Bombay High Court had quashed and set aside this order, observing that the press is the most powerful watchdog of society.

Related Stories

No stories found.
The New Indian Express
www.newindianexpress.com