HOSTILE WITNESSES
One way or
other such situation where witnesses turning
hostile during interrogation or trial is mainly due to the wrong
procedure order of recording the deposition or the statement of the witness in
one particular case by police officials only, without the presence of a Magistrate.
Olden days
everyone was considered as sober and gentle to say the “Truth” only
But of
late, due to changed circumstances people are likely to change their statements
before the court for fear or compulsion from the criminals or their
associates.Therefore in the present scenario the statements of witnesses must
invariably be taken in the presence of the Magistrate & police officials
duly recording the statements by the magistrate himself. Such procedure will
never give rise to loop holes for
changing the original statement and thereby witnesses turning hostile on a
later day. Deliberate and preconceived statements are to be considered criminal
and such people must be brought in the accused list for further investigation.
It is
strange to hear that majority of the witnesses in the T P murder case have
turned hostile. How can such things happen in a Court of Law?. That means we do
not attach serious and adequate importance in the procedure order of criminal
cases. Normally the police officials apprehend the criminals and the genuine
witnesses in a particular case and then bring them before the judicial
authority. The statements taken by the police officials may go redundant in the
court as the witnesses are likely to be prompted to give different statements before the magistrate, causing
inconsistency and contradiction to the earlier statements.
Therefore
the procedure of recording statements of witnesses must be done in the court
before the magistrate who records the
same. The earlier system of statements taken initially by police officials only
will vitiate and lead to change of statements at a later stage. This anomaly
may be rooted out to save our judiciary from
over powering by mischievous and
cruel people including unworthy lawyers/advocates who may approach the whole
case with an “ Axe to grind” attitude..
Abraham
mangalath Philip
