Early Times Report
Jammu, Apr 28: The 3rd Additional Sessions Judge, Jammu, designated as Special Judge under TADA and Section 22 of the NIA Act, has dismissed an application filed by accused Mohd Yasin Malik seeking five days’ prior intimation of prosecution witnesses in the 1990 IAF personnel killing case. The application was moved in CBI vs Mohd Yasin Malik and others, arising out of FIR RC-01(S)/1990, registered for offences under RPC Sections 120-B, 364, 368 and 34, Sections 3 and 4 of the TADA Act and Section 27 of the Arms Act.
The defence had pleaded that without prior information about the witnesses to be produced, the accused was deprived of a fair opportunity to prepare for effective cross-examination. However, the court observed that though witness names are generally indicated in ordinary sessions trials, TADA contains a special provision under Section 16 for protection of witnesses.
Rejecting the plea, the court held that directing the prosecution to give advance intimation would not be free from risk to witnesses and would run contrary to the object and spirit of Section 16 of the TADA Act. The court noted that the case relates to a serious terrorist act in which four Air Force officers were killed and several others injured.
The court further observed that the case is 36 years old and the advocates as well as parties are well aware of the case and the role of each witness. It directed the defence counsel to cross-examine the witnesses present in court, failing which the right to cross-examine would be deemed closed.
Accordingly, the application was dismissed as being without merit. (JNF) |
