A bench of Justice Swarana Kanta Sharma said that such actions undermine the protection of witnesses, who play a crucial role in the judicial system’s pursuit of justice.
This comes in response to a petition by the state against a trial court’s order denying the prosecution’s request to summon and examine six witnesses regarding threats made to witnesses from jail.
The court has ordered that witnesses in cases under the Maharashtra Control of Organized Crimes Act (MCOCA) be examined within one month, with no unnecessary adjournments sought by the prosecution.
Justice Sharma noted that threatening witnesses protected by the law directly impacts the courts, as a witness under duress may not testify truthfully. Witnesses are essential for reaching a just decision in a case and establishing the guilt of an accused. “… such actions strike at the core of protection of witnesses who are the eyes and ears of the judicial system and are the only means of reaching just decision of a case and bring home the guilt of an accused,” said the court.
The prosecution alleged that the accused in the case were part of an organised crime syndicate involved in unlawful activities and were facing charges under MCOCA.
The court deemed it relevant to examine witnesses who were allegedly threatened, as it demonstrated the conduct of the accused and withholding this evidence would lead to a miscarriage of justice.
–IANS
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