A bench of Justices PN Prakash and RMT Teeka Raman took exception to the delay by the special court under the National Investigation Agency Act (NIA Act) in examining protected witnesses in the 2019 Thanjavur murder case.
“What is highlighted to the superior courts and to the world is, accused are being kept as undertrials for years on end in our criminal justice system. None will have the patience to pore over trial court records to find out who was actually responsible for the delay,” the High Court said.
It further stated the special court had failed to follow all guidelines on examination of protected witnesses.
The Court cited the 2021 killing of the Additional Sessions Judge Uttam Anand in Dhanbad, Jharkhand and asked what the special court would do if anything was to happen to the key protected witnesses in the Thanjavur case.
“Supposing, something untoward happens to PW1 and PW2, what would happen to their testimony in chief? Can it be eschewed?” We are constrained to record our fears because, the whole world saw a Sessions Judge dealing with the cases of Mining Mafia being mowed to death in the State of Jharkhand while he was on his morning walk,” the bench said.
It, therefore, directed the special court in Chennai to complete the cross examination of two protected witnesses in the case without any delay.
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