SC wants guidelines for recalling witnesses

The Supreme Court on Wednesday indicated it could interpret the law and lay down guidelines as to when an accused can recall witnesses for re-examination in a criminal case.

Upset over delay in trial of Uber cab rape case, a bench presided over by Justice J S Khehar decided to summon the trial courts records on April 22.

The victim has approached the Supreme Court after the Delhi High Court had on March 4 allowed plea of Shiv Kumar Yadav, the accused to recall the 25-year-old victim and 12 others witnesses for fresh examination as he complained about inadequate legal aid. Acting on her plea, the apex court had stayed the trial.

Emhasising that the trial proceedings were getting delayed, the bench expressed its displeasure and said it will clarify the law on this point for all future criminal trials.
“You (counsel for accused) are the beneficiary of the order. You are delaying the proceedings. It is a matter having far reaching consequences. Since proceedings have already been stalled, we will not delay it further,” the bench said on a plea by the accused’s counsel to grant six weeks’ time to reply to the appeal filed by the victim and the Delhi Police.

“We are going to lay down the law that whether witnesses can be recalled at the behest of an accused,” the bench said. The court also asked Attorney General Mukul Rohatgi and senior advocate Colin Gonsalves, who represented the victim, to provide the list of judgements and their written submissions.