Srinagar- Discovery, vindication and establishment of truth are the main purposes underlying the existence of Courts of justice, the High Court of J&K and Ladakh on Wednesday observed as it dismissed a plea challenging acquittal of accused persons in a case involving killing of a policeman at Hazratbal here in 2006.
“It is trite that discovery, vindication and establishment of truth are the main purposes underlying the existence of Courts of justice, right from the time the justice delivery system and judicial set up were put in place,” a bench of Justices Sanjeev Kumar and Rajesh Sekhri.
The Courts, the bench said, are obliged to adopt a pro-active role in the trial and to monitor the proceedings in aid of justice.
“They cannot afford to be mute spectators to whatever is being testified before them. The power of the Court under section 311 of Central Cr.P.C. and Section 165 of the Evidence Act, being complementary to each other, confer vast and wide powers on Presiding Officers of Courts to elicit all necessary materials by playing a participatory role in the evidence collecting process,” the court said, adding, “Even if the prosecutor is remiss in some ways, the Presiding Officer of Court can control the proceedings effectively to ensure that ultimate objective i.e. truth is arrived at. This obligation on the part of the Court becomes more pronounced if the presiding officer has reasons to believe that the prosecuting agency is not acting in a manner it is expected to act.” Ultimately the court dismissed the petition.
In their appeal, the Prosecution said that on 17.08.2006, at about 1620 hours while Station House Officer (SHO) Police Station Nigeen was on patrolling at Hazaratbal, Srinagar, he received source information that SI Mohammad Jamal was fired upon by some unknown militants, with illegal weapons in their possession, in furtherance of common criminal intention to kill him a result whereof, he had been seriously injured. On the receipt of this information, SHO proceeded to the spot. The injured was evacuated to District Hospital, where he was declared brought dead. They were acquitted by trial court vide judgment dated 19.09.2011.
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