The Lakhimpur Kheri trial judge replaced, and a new Special Public Prosecutor in charge: that is where the 2021 violence trial stands after the Supreme Court asked the Allahabad High Court to act on the victims’ concerns. New Delhi: The presiding officer of the October 2021 violence trial has been changed, and a new Special […]
The Delhi High Court has dismissed a revision against the rejection of an application under Section 311 CrPC to recall the complainant in a cheque dishonour case, holding that witnesses cannot be recalled routinely and that a counsel being held up in another court on the date is not sufficient ground, since the case has been pending since 2018.
The Kerala High Court has dismissed a plea by the accused in the Shuhaib murder case to transfer the trial out of the Additional Sessions Court-III, Thalassery, while directing the trial court to ensure that both sides get a full and effective opportunity to participate, including cross-examination of witnesses.
The Orissa High Court has declined to transfer the trial of an acid-attack case from Parlakhemundi to Berhampur, finding no substance in the accused’s allegations of obstruction and intimidation by the local Bar, which the Registrar’s report and the informant contradicted. To address the accused’s concern that the presence of Bar members created an intimidating atmosphere, the Court directed that the trial be conducted in camera and concluded expeditiously, in line with the Supreme Court’s time-bound directions for acid-attack cases in Shaheen Malik.
The Delhi High Court has dismissed a plea by the father of a murder victim seeking a direction to conduct a Narco Analysis Test on the accused, holding that accused persons who have categorically declined consent cannot be compelled to undergo the test. Following the Supreme Court’s decision in Selvi, the Court held that the involuntary administration of narco analysis violates the right against self-incrimination under Article 20(3), and that the victim’s right to a fair trial under Article 21, however weighty, cannot override that constitutional protection.
Appearing for the victims in the Lakhimpur Kheri case, Prashant Bhushan told the Supreme Court that recent developments in the trial would shock the Court’s conscience, alleging that the presiding officer issued a non-bailable warrant against an ill witness who had sought exemption, and, in other matters, withdrew NDPS and SC/ST Act cases to his own court. The Court asked the State to name a senior public prosecutor, sought a sealed-cover report, and directed that the plea be placed before the Allahabad High Court Chief Justice. The allegations are untested.
