North East Delhi violence: Court imposes cost of Rs 5000 on prosecution over non compliance of direction
Oct 28, 2022
New Delhi [India], October 28 : A Delhi Court hearing North East Delhi riots cases recently imposed a cost of Rs. 5000 on the prosecution. The court asked the police commissioner to conduct an inquiry and to recover the cost from the responsible officer.
The report of such inquiry shall be filed in this case within 30 days from today, the court said.
The court passed this order after the Investigation Officer (IO) failed to obtain a certificate of Section 65B of the Indian Evidence Act related to photographs of an incident of riots in the police station Khajuri Khas area. The court thus had to defer the statement of the prosecution witness in the case.
"Prosecution Witness (PW) Sanjay Kumar Goyal is present. His further examination is deferred because despite directions given way back long, prosecution did not obtain certificate u/s 65B of Indian Evidence Act in respect of photographs handed over by the complainant/ PW," said Additional Sessions Judge Pulastya Pramachala of Karkardooma Court.
The PW is directed to come up with a certificate, thereby giving details of the mobile phone from which the photographs of his shop were taken by him. He shall also mention the manner and details of the devices used for taking print out of such photographs in this certificate, the court said in the order of October 19.
The Court expressed its displeasure and said, "On account of aforesaid reasons, I have no other option, but to adjourn the case today and it is well apparent that this adjournment is being caused due to inaction on the part of the prosecution despite repeated directions given by this court."
Hence, a cost of Rs 5000 is imposed upon the prosecution, to be paid in equal part to the accused as well as this witness i.e Rs 2500 to be paid to the accused and Rs.2500 to be paid to this witness, as his diet money for the next date of hearing, the court ordered.
The court was informed that IOs of this case are no more working or posted in North East district.
Special public prosecutor and IOs are supposed to be well aware of such directions given in case FIR no.146/20 of PS Gokalpuri, on 07.09.2022 and sent to higher officers of Delhi Police, the court said.
The court referred the matter to the Commissioner of Police to get conducted an inquiry to fix accountability of such lapse and to recover the amount of cost from such responsible person, under intimation to this court.
