Excelsior Correspondent
Srinagar, Oct 29: The High Court while setting aside the trial court order whereby adducing of further witnesses by the prosecution was closed in the massacre of 24 persons of minority community in 2003 directed the court below to take all steps for statement of remaining witnesses through video conferencing.
The matter on the issue was heard and reserved on September 27 and while announcing the judgment today, the court of Justice V C Koul allowed the plea of prosecution and set aside the order of trial court dated 9.2.2011.
The court allowed the application of prosecution for issuance of commission for examination of witnesses and directed the court below to take all the necessary measures to ensure the examination of the witnesses concerned by issuing commission and recording their statement via video conferencing. Court also directed the trial court to ensure expeditious proceedings so as to conclude the matter at the earliest.
Justice Koul said that the court below has dismissed the application of the the State for examining the witness on commission on the irrelevant consideration while overlooking the material and relevant aspects of the case. “The said application of the prosecution for recording statements of witnesses on commission deserved to be allowed”, read the judgment.
The revision in hand was moved by the prosecution-state against the order of Principal Sessions Judge, Shopian in a case arising from FIR No.24/2003 u/s 302, 450, 395, 120-B, 307, 326, 427 RPC, 7/27 Arms Act & 30 P.Act, for killing of 24 persons of Pandit community in Nadimarg whereby the court below had dismissed application of the petitioner-prosecution for recording the statement of witnesses on commission and the evidence of the prosecution was closed.
The prosecution counsel submitted that after completing the investigation in the case, the concerned police filed a challan before the trial court at Pulwama where from the case was committed to the court of Sessions at Pulwama and as many as 38 witnesses were cited in the calendar of witnesses and after creation of Shopian District, the case was transferred to the court below for further trial.
It was contended that the prosecution was able to record depositions of 13 witnesses and the prosecution despite the strenuous efforts has not been successful in securing the presence of the other witnesses and even the court below issued notices and warrants for securing the presence of the witnesses, but they didn’t choose to appear and record their depositions.
The prosecution thereafter filed an application before the court below so that the commission is to ensure the examination of the witnesses, list of whom was also provided along with the application, who are presently residing at Purkhoo Camp, Muthi Camp and Mishriwala in Jammu.
But the court below opined that the application of prosecution has been filed at a belated stage just to avoid the disposal of the case with further observation that since all the witnesses are very important and their statements cannot be taken on commission.
Court observed that the submissions made by prosecution counsel is worth that the court below has not appreciated the difficulty of the prosecution in procuring the presence of the witnesses and that endeavour of the court below in a case of heinous nature like one on hand should be to examine all the witnesses on commission so as to unveil the truth.
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