Delhi court dismisses Punjab ex-DGP''s plea to recall former judge as witness

Satya Prakash

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Tribune News Service

New Delhi, September 15

A Delhi Special Court has dismissed former Director General of Police of Punjab SS Saini's plea to recall Justice (retd) Rejive Bhalla of the Punjab and Haryana High Court as a witness for further cross-examination in a 24-year-old kidnapping case, saying "he has been sufficiently cross-examined".

Justice Bhalla was counsel for Vinod Kumar, one of the three missing men feared murdered, before his elevation to the Bench as an HC Judge. He was appointed Chairman of the Punjab Education Tribunal after his retirement as a judge.

"I find substance in the arguments of Ld (learned) Prosecutor that the defence has been adopting delay tactics so that the patience of the witness gets exhausted," Special CBI Judge Anju Bajaj Chandna said on Friday in her order rejecting Saini's application seeking recall of Justice Bhalla as a witness.

Noting that similar tactics was adopted when another witness Smt Bala (wife of victim Vinod) was being examined, the court said "trial is not a matter of convenience nor the provision under Section 311 CrPC (Criminal Procedure Code) is meant for convenience of the defence".

Justice Bhalla had deposed before then Special CBI Judge MK Nagpal in January this year as a prosecution witness. Saini's counsel had cross-examined him and the cross-examination ran into 22 pages.

Special Judge Chandna also rejected Saini's plea to direct the prosecution to produce Justice Bhalla's statement purportedly recorded by the Investigating Officer during the probe after the retired judge categorically stated the agency had not recorded his statement and that it had only asked certain questions regarding the case.

Saini is accused of being involved in the kidnapping and elimination of three persons in 1994. After a detailed investigation, the CBI filed a charge sheet; the trial court framed charges against him and the trial is on. He is on bail.

Delhi businessman Ashish Kumar had alleged that his brother, Vinod, brother-in-law Ashok Kumar and driver Mukhtiar Singh were kidnapped and later eliminated. The CBI probe found Saini and three other senior police officials responsible for their disappearance and the agency accused them kidnapping the trio for murder. Vinod was picked up from parking area of the Punjab and Haryana High Court premises on March 15, 1994, after the conclusion of court proceedings, it was alleged.