HC orders expunction of adverse remarks by trial court

The Allahabad High Court,which acquitted Moninder Singh Pandher for want of evidence in a Nithari killings case on Friday,also ordered expunction of adverse remarks made by the trial court against the counsel for the CBI and two of the prime witnesses whereby “impartiality” of the probe agency was “impeached”.

“The Sessions Judge,before reckoning with the incriminating circumstances against Pandher,had made certain observations which in fact have the complexion of adverse remarks against the Investigating Officer,the Magistrate (who recorded the confessions),and the counsel for the CBI,” a Division Bench comprising Justice Imtiyaz Murtaza and Justice Kashi Nath Pandey noted.

“We may sum up that the Sessions Judge was harsh in criticizing the conduct of the witnesses and the counsel for the CBI. In our view,the comment and criticism was neither called for nor justified as there is nothing on record to show that the witnesses were helping Pandher and therefore it will be too much to impute motive to the witnesses,” the court said.

The observations came in the wake of certain remarks in the judgement of Addl Sessions Judge/Special Judge (Anti Corruption) UP,Ghaziabad,on February 12,2009.