‘Cash at Judge’s door’: To recall 20 witnesses, CBI files application

Ramkrishan Upadhyay

Chandigarh, October 7

In a new development related to the ongoing trial in the alleged cash at the Judge’s door case, the Central Bureau of Investigation (CBI) has filed an application to recall 20 witnesses in the case.

The list includes names of some witnesses, who were dropped during the trial, and some new witnesses, who the CBI claimed were required to prove the case.

The application was filed under Section 311, CrPC, by Narender Singh on behalf of the CBI. While quoting some judgments of the apex court the prosecution stated that calling a witness or re-examining a witness already examined for the purpose for finding out the truth in order to enable the court arrive at a just decision cannot be dubbed as filling in a lacuna in the prosecution case.

He said the scope and object of the provision was to enable the court determine the truth and to render a just decision after discovering all relevant facts.

However, counsels of the accused opposed the application and said that the prosecution was trying to filling in a lacuna in their case.

After hearing arguments, the court adjourned the case for October 15, 2022, for orders on the application.

In the application, the CBI while mentioning four witnesses stated that they were dropped by the Special Prosecutor earlier. However, out of the above witnesses, two recorded their statement under Section 161, CrPC, regarding relevant facts against accused persons.

Witnesses recalled for examination, include Rajinder Kumar, Mohinder Kaur, Rakesh Kumar, Mohan Joshi, Bansidhar, Vijay Singh and Manju Jain. Earlier, they were dropped by the Special Prosecutor. The application stated that then Sub Registrar, UT Chandigarh, who signed the GPA dated June 5, 2007, between Anand Kumar Jain and Rajeev Gupta for a plot in Panchkula, had not been cited as witness by the investigation officer inadvertently.

The police registered a case on August 16, 2008, on the complaint of Amrik Singh, a peon working at the private residence of Justice Nirmaljit Kaur.