Courts should not act as ‘mere tape recorders’, says SC; flags role of public prosecutors

New Delhi: Courts have to take a participatory role in a trial and not act as “mere tape recorders”, the Supreme Court said here and lamented that there is “practically no effective and meaningful cross-examination” by public prosecutors of any hostile witness during hearings of criminal appeals.

The apex court said a judge has to monitor the proceedings in aid of justice and, even if the prosecutor is remiss or lethargic in some ways, the court should control the proceedings effectively so that the truth is arrived at.

Observing that relations between the public prosecution service and the judiciary are the very cornerstone of the criminal justice system, a bench headed by Chief Justice D Y Chandrachud said time and again, the top court has said that there should not be any element of political consideration in matters like appointment to post of public prosecutor etc.

The observations by the bench, also comprising Justices J B Pardiwala and Manoj Misra, came in a judgement while upholding the conviction and life sentence awarded to a man for murdering his wife in 1995.

“It is the duty of the court to arrive at the truth and subserve the ends of justice. The courts have to take a participatory role in the trial and not act as mere tape recorders to record whatever is being stated by the witnesses,” the bench said in its verdict delivered on Friday.

It said the court must be conscious of serious pitfalls and dereliction of duty on the part of the prosecuting agency.

The bench said a judge is expected to actively participate in the trial, and elicit necessary materials from the witnesses in the appropriate context which he feels necessary for reaching the correct conclusion. It said any crime committed against an individual is a crime against the entire society and in such circumstances, neither the public prosecutor nor the presiding officer of the trial court can afford to remain remiss or lackadaisical in any manner.

The apex court said while making appointments, like for the post of public prosecutor, the only consideration for the government should be the merit of the person. “The person should be not only competent, but he should also be a man of impeccable character and integrity. He should be a person who should be able to work independently without any reservations, dictates or other constraints,” it said.