'20 Delhi riots: Court imposes Rs 5K fine on prosecution for producing irrelevant witness

New Delhi: A Delhi court has imposed a fine of Rs 5,000 on the prosecution for producing an irrelevant witness in a case related to the 2020 northeast riots, saying that it is showing no respect for the time of witnesses, court, or the money of public exchequer, despite repeated directions.

Additional Sessions Judge Pulastya Pramachala imposed the fine after observing that a prosecution witness was discharged without being examined because of a mix-up by the prosecution regarding the time and date of a rioting

incident.

No respect for the time of the witness, time of this court, and money of public exchequer is being shown by prosecution despite repeated directions. Hence, I am compelled to impose a cost of Rs 5,000 upon the prosecution, the judge said in an order passed on August 17.

The court noted that in the morning, one witness Himanshu was present, but he was discharged unexamined because on perusal of his statement, it was found that he had narrated the incident at 6 pm on February 25, 2020, though the present trial was being conducted in respect of an incident allegedly taken place between 12 am and 1 am in the intervening night of February 24 and February 25.

The witness was not relevant at all for this case and hence, he was discharged and his name is being dropped , the court noted.

Unfortunately, despite giving directions to the prosecution in a number of cases for dropping irrelevant and unnecessary witnesses, no such step has been taken in this case by the representative of prosecution i.e. Special public prosecutors as well as investigating officers, the judge said.

He also observed that such directions were also communicated to the Deputy Commissioner of Police (DCP), North East, but still same did not have any positive effect in this case.

Since the witness had already come to the court, therefore, he was paid diet money, the court noted.