Plea for recalling of witness in Jaya case posted to June 3

Plea for recalling of witness in Jaya case posted to June 3

Justice B M Mallikarjunaiah posted to Friday the application filed by second accused Sasikala Natarajan, close aide of Jayalalithaa.

Earlier, counsel for Sasikala, M S Kandaswamy submitted that recalling was very much justified as when the witness was recalled for cross-examination during 2003, "witness was dispensed with by prosecution without being cross-examined".

Kandaswamy further contended that it was necessary and "totally justified" to recall the said witness to enable Sasikala file certain documents (which have been mentioned) in connection with the case.|

Special Public Prosecutor B V Acharya, quoting a Supreme court judgement, submitted that there was "absolutely no necessity to recall a witness who has been examined and cross-examined and if it is done, it is indicative of how judicial process has been subverted".
He pointed out that whenever an application is filed for recalling of a witness on non-justifiable grounds, prosecution has every right to oppose it. "In this case, the application is not justified and is not bonafide".The court then posted the application for orders.

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