Witnesses who did a U-turn told to explain why

The Delhi High Court today asked why action should not be taken against witnesses who changed their statements in the Jessica Lall murder case and derailed the trial process. The division bench

The Delhi High Court today asked why action should not be taken against witnesses who changed their statements in the Jessica Lall murder case and derailed the trial process.

The division bench, which handed life imprisonment to Manu Sharma, issued notices to over 30 witnesses in the case and directed them to appear in the court on the next date of hearing.

Issuing notices to witnesses 8212; from model and film star Shayan Munshi to Shiv Dass Yadav, who was an electrician at the Qutab Colonnade where Jessica was shot 8212; the High Court asked them to appear in person and furnish their replies on why action should not be initiated against them, besides seeking to know what made them resile from their initial statements.

The court8217;s order today may put pressure on the Government to expedite the proposed amendments in the Criminal Procedure Code to ensure protection of witnesses.

As the High Court went on to take suo motu cognisance of the issue by resorting to discretion granted to a higher court under the Criminal Procedure Code, it expressed its displeasure over why the sessions judge, then ASJ S L Bhayana, failed to invoke remedies available under the law. 8220;The trial court has chosen not to invoke this provision of law despite taking note of the fact that a large number of witnesses had turned hostile,8221; said the Bench.

8220;In the facts and circumstances of the present case, we are of the view that it is expedient in the interest of justice to take recourse to Section 340 2 CrPC8230;,8221; it added.

8220;Almost 100 people were there at the party when she was shot at point blank, but no one except a few had the courage to raise their voice,8221; the court observed.

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8220;Witnesses turning hostile appears to be the order of day,8221; observed the two Judges today adding that judiciary also has to shoulder the responsibility in stopping this practice.

Justices R S Sodhi and P K Bhasin said: 8220;The courts must put an end to this kind of attitude of witnesses turning hostile in order to thwart the course of justice.8221;

Expressing their 8220;surprise8221; at the long list of witnesses who resiled from their statements in this sensational case 8220;which shocked the confidence of the society in the criminal justice system,8221; the court pointed out: 8220;To our utter surprise, we found that during the trial as many as 32 witnesses including three eyewitnesses of the murder and one ballistic expert had to be declared hostile by the prosecution.8221;