Excelsior Correspondent
JAMMU, Oct 9: In the much publicized Chopra family murder case, Principal Sessions Judge Jammu, Rakesh Sagar Jain today fixed calendar for the evidence.
The calendar was fixed after going through an application filed by prosecution under Section 540 CrPC praying therein that the leftover witnesses be examined in the present case in interest of justice.
After hearing battery of lawyers from both the sides, court allowed the application filed by the prosecution and one more opportunity was given to the prosecution for producing the witnesses as per serial number given in the list attached to the present application under Section 540 CrPC.
“Had the prosecution been alive to its duties and orders of the High Court adhered to in letter and spirit, there would have been no necessity to move the present application. However, moving of application u/s 540 CrPC by the prosecution has become a usual feature in almost all the criminal trials and the present case is no exception”, the court said.
“What is surprising is that prosecution is being given opportunity after opportunity to adduce evidence but no one is bothered about the case. When the evidence of prosecution is closed, suddenly everyone seems to awake up”, the court said, adding “another thing needs to be pointed out is that if the prosecution does its duty efficiently and in accordance with law and diligently, there would be no need for the court to see that the job of a Public Prosecutor is done by the SSP, DIG, IGP or the DGP”.
“Court hope in future there would arise no occasion where the duty of PP is to be entrusted to the SSP and the duty of the SSP to the DIG and so forth. If this happens then the senior officers of the criminal justice system and law enforcement agency would start doing the work of their junior officers”, Principal Sessions Judge said, adding “the Police Department needs to seriously put its act together to avoid such a contingency and make its prosecution agency as well its officers in the police station connected with the prosecution work to start functioning”.
“SSP Jammu is directed to ensure that one IO from each challan who are fully acquainted with the facts of the present case appear before the PP on 10.10.2014 and the PP shall inform the court about the same”, Principal Sessions Judge said.
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