No physical hearing for now

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, November 19

The CBI Court has decided not to start physical hearing in the Kotkhai custodial death case, as demanded by senior IPS officer from Himachal Zahur Haider Zaidi, who is under suspension, after all counsels of the accused did not give their consent amid the Covid threat.

Disposing of Zaidi’s application, Special Judge, CBI Court, Dr Sushil Kumar Garg today said in the absence of the consent of all counsels, the court could not proceed with the physical trial as per the directions of the Punjab and Haryana High Court, and the District and Sessions Judge, Chandigarh.

The Punjab and Haryana High Court has allowed physical hearing only in those cases where the advocates of all parties give their consent.

The court said the counsels for accused Mohan Lal, Surat Singh, Manoj Joshi and DW Negi had not given their consent specifically to proceed with the trial physically

or virtually.

Therefore, the application filed by accused Zaidi stands disposed of accordingly.

Zaidi is currently lodged in the Burail Jail, Chandigarh. The court had sought the reply of the counsels of all parties concerned on November 5 on the application of Zaidi.

The court said the public prosecutor for the CBI had given his consent for physical hearings, but the counsels for the accused were not ready to proceed with the trial at this stage due to the Covid threat. The case will now come up for hearing on December 3, the date already fixed earlier.