Khairlanji : Court Proceedings on 17th June’08


The court is already assembled. The court is hearing the argument in another case. At 12 : 15 P.M. the court calls the defence & prosecution. From the prosecution side the C.B.I. counsol Adv.Khan  is there to argue. Adv. Khandewale , the defence lawyer rises to put his say before the Hon. Judge , S.S. Das .

Adv.Khandewale :  Sir, my application for  the notice to the prosecution of the document Exh. No. 270 pertaining to the letters to the District Collector & District Social Welfare Officer regarding the rehabilitation of the witnesses , Mukesh Pusam & Suresh Khandate is submitted forthwith . These are the documents brought out by way of R.T.I. (Right to Information Act) . The prosecution may deny or admit the document.

Judge:  But the document you submitted is the govt. document. It has no relationship with the prosecution.

Adv. Khandewale : But it pertains to the question whether C.B.I. lured the witnesses  to depose them in their favour. So , if they admit the evidence , our burden will be reduced & the petition  in the High Court,or the result of it thereof will be of only academic exercise . But if they deny it, we will have to wait for Hon.High Court’s order. So, I will request the Your Hon . to adjourn the court still further since the witnesses have not yet arrived .

Judge: But you have been give ample opportunity for getting them deposed before this court. Moreover , you can begin the examination of the witnesses & wait for the High Court’s order  meantime.

Adv. Khandewale :  But sir there is order from that court that unless I close my side , I won’t be able to get the requisite order. However , if the prosecution admits our evidence , then we will not be waiting for the court’s order.

Judge: But then you should close your side today because your witnesses are no – where in sight.

Adv. Khandewale : Sir , I will try for their presence in this court. I will go to Khairlanji village myself right now . If I see the slightest chance of their standing in the court , I will seek for the adjournment & get them deposed in the court on the next date. Otherwise , we will close our side. So, I request the court to adjourn till 4 P.M. In the meantime , I will go the Khairlnji village  to meet the witnesses.

( The court is adjourned till 4 P.M. At 4:30 , the defence & the prosecution report in the court. Adv. Khandewale first rises to speak)

Adv. Khandewale :  Sir, I see no remote possibility of their readiness to depose in this court. They are not spirited enough to give testimony. We will close our side on 20th .

Adv. Khan: Sir , as to the application of the defence regarding the denial or admission of the documents  they have put in the court earlier, we deny it as an evidence.

Judge:  The court is adjourned till 20th June.

(The court is adjourned till the next date i.e. 20th June)

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