Judges can't act as tape recorders, but protect witnesses: SC

Judges can't act as tape recorders, but protect witnesses: SC

Observing that judges cannot act "like mere tape recorders" and government has a duty to protect witnesses, the Supreme Court today transferred the murder trial of an engineer, allegedly shot dead by a contractors' mafia, from Uttarakhand to a Delhi court.
A Bench of justices J M Panchal and H L Gokhale passed the order on a petition filed by Vikas Kumar Roorkewal, son of the deceased Radhey Shyam, a Superintendent Engineer with Uttarakhand Irrigation Department, who sought the transfer on the ground that the family and witnesses were facing constant threats and intimidation from the accused.
Shyam, who was dealing with Rs 240-crore Upper Ganga Link Canal Project, was shot dead in broad daylight on June 18, 2006, at his camp office in Roorkee in front Roorkewal and other witnesses.

It was stated that the witnesses and the family members of Shyam were facing constant threats and even the driver of the deceased, who was a key prosecution witness, had turned hostile during the trial. According to the deceased's son, though they have made several representations to the authorities and the trial court concerned, no action was taken to protect the witnesses.
Accepting the plea, Justice Panchal, writing the judgement, said "the necessity of a fair trial hardly needs emphasis. The state has a definite role to play in protecting the witnesses, to start with at least in sensitive cases.
"The learned judge has failed to take participatory role in the trial. He was not expected to act like a mere tape recorder to record whatever had been stated by the witnesses," the Bench said.
The apex court said Section 311 of the Cr PC and 165 of the Indian Evidence Act Section 311 of the Code and Section 165 of the Evidence Act confers vast and wide powers on courts to elicit all necessary material by playing an active role in the evidence collecting process.
"However, the record does not indicate that the learned judge presiding the trial had exercised powers under Section 165 of the Evidence Act which is in a way complimentary to his other powers," the Bench said while directing the case to be transferred "to a competent court of jurisdiction atn Delhi."
The apex court said that from the victim's petition it was evident that the accused belong to a powerful gang operating in UP and Uttarakhand and it was difficult for the witnesses to safely depose.
"The reluctance of the witnesses to go to the court at Haridwar in spite of receipt of repeated summons is bound to hamper the course of justice. If such a situation is permitted to continue, it will pave way for anarchy, oppression, etc., resulting in breakdown of criminal justice system.

"In order to see that the incapacitation of the eye-witnesses is removed and justice triumphs, it has become necessary to grant the relief claimed (transfer)," the Bench said.
The case was pending trial in a Fast Track court, Haridwar, since 2006. The deceased's son alleged a number of other engineers too were earlier murdered by the mafia who had let loose a reign of terror.