MADURAI: Observing that there could be no greater affront to administration of justice than courts remaining mute spectators to star witnesses turning hostile, the Madurai Bench of the Madras High Court has ordered Swathi, prime witness in Gokulraj murder case who later turned hostile, to appear before it on Friday for questioning.
A bench of justices MS Ramesh and N Anand Venkatesh issued the direction on Thursday while hearing a batch of appeals filed against the judgment of a lower court convicting 10 people and acquitting five others in the case in March this year. While the convicts filed appeals challenging their conviction and punishment, the CB-CID and Gokulraj’s mother V Chitra challenged the acquittal of five in the case. Chitra, in her appeal, said all the accused were liable to be awarded death penalty.
The bench, which has been hearing the appeals over the past two weeks, noted that Swathi, who had initially played an active role in assisting the prosecution during the investigation, had turned hostile during the trial by resiling from her previous statements. The trial court, too, despite having the power to pose questions to the witness, did nothing to find out the cause for the sudden “somersault”, and simply declared Swathi as a hostile witness and discarded her evidence, the bench noted.
Observing that witnesses turning hostile is now a regular feature, particularly in sensitive cases, the judges said, “Unlike the trial court which was content in just playing the role of an umpire in a criminal trial, this court cannot remain a mute spectator to what, prima facie, appears to be an attempt to derail and subvert the course of justice. The appellate court cannot sit like monks in a cell balancing right against wrong.”
To satisfy their “judicial conscience”, particularly because the case is loaded with communal overtones, the judges decided to recall Swathi to the witness box. “We find that this course is absolutely imperative without which a clear failure of justice would be occasioned,” they added.
Noting that there was lack of protection to Swathi when she went to depose before the trial court as a witness, the judges directed the Superintendent of Police of Namakkal, where Swathi is presently residing, to provide police protection to Swathi and her family members to ensure that she is able to appear before the court without any fear. The case was adjourned to Friday.
Probe irregularities at Tancem: Plea
Chennai: The Madras High Court has ordered notice to TN government and the DVAC to respond to a petition seeking a probe into the alleged irregularities at Tamil Nadu Cements Corporation Limited (Tancem) during the previous AIADMK regime. Justice R Suresh Kumar ordered the government to file its reply by December 7. The petition was filed by Tancem staff association general secretary S Selvakumar. He alleged that the public sector undertaking (PSU) had incurred loss running into several crore rupees due to the irregularities committed during 2018-21 in awarding e-tenders for purchasing cements for distribution under a subsidised scheme and offering bids for purchase of software for the scheme. He also alleged that rules were flouted in appointing personnel.