The Supreme Court of India has agreed to hear appeal against Delhi High Court’s order by which the High Court had allowed recall of 13 prosecution witnesses, including the victim. The High Court had also said that the cross examination be carried out on a day-to-day basis.
The accused Shivpal Yadav had approached the High Court seeking the same, however, the High Court had said that any question that had already been asked should not be repeated.
Today, senior advocate Mr. Colin Gonsalves approached the Court and mentioned the matter, after which the Apex Court agreed to hear the appeal and give it an urgent hearing on Tuesday.
Earlier, the High Court had ordered, “In view of the circumstances narrated by counsel for the petitioner, for ensuring fair trial, it is deemed proper to recall certain witnesses. That being so, in the interest of justice,the petition is partly allowed. Prosecution witnesses no. 2, 3, 4, 9, 12, 13, 14, 16, 20, 22, 24, 26, 27 be recalled for the purpose of further cross examination.”
It had also said, "Needless to say, it is impressed upon the counsel for the petitioner not to repeat any question which has already been put to the witnesses in their cross examination by the earlier counsel” and "Furthermore, no adjournment will be sought by him on any ground whatsoever. Keeping in view the mandate of section 309 CrPC (power to postpone or adjourn proceedings), the cross examination will be conducted on day-to-day basis.”
Reportedly, the accused, Shivpal Yadav had submitted that he did not get a fair trial, as the lawyer representing him was a novice.