Mohan Thulasingam

Mohan Thulasingam

Laws are peculiar in their own ways and for the reasons best known to the judicial system of India. The experiences faced in the real life are presented to understand the gravity of the above question. In a cheque bounce case, the court postponed the hearing on several occasions for one or other reason. Each time, the banker promptly attended the case as a witness to the duel.

When the bank filed a suit for recovery of the delinquent loan,  the defaulter was  not summoned first but the plaintiff was asked to give declaration. Moreover, this hearing also took place after adjourning earlier for the reason the judge went on leave. In another incidence, the hearing was deferred to another date when the witness did not turn up.
It is regrettable that witnesses are examined as if they are involved in the offences, frauds or embezzlement. They are made to stand for hours together after The witness was asked to attend the court on different dates spreading over years for giving the evidence and for cross-examination by the defence attorney. Why not the court complete this in one sitting and make video recording for future reference and deciding the case?
A premier investigation agency asked the witness (an ex-Bank manager) to come for identifying the accused whom the former, after a long wait of 8 years, apprehended and kept him under custody. When the witness recorded his statement, no coffee or tea was offered to him even for courtesy sake.
The cumbersome process of prosecuting and booking a culprit under the law is understandable by anybody. However, the examination and cross examination of a witness can be simplified to one-sitting exercise instead of conducting for years together.
The valuable time of the witness is lost whilst the vital justice gets delayed. Moreover, the expenses incurred by the witnesses to attend the court are not paid by the court( no procedure seems to be in place) as the witness reach the courts from far off places by keeping aside their official and personal duties. Not only that, the cost of delayed judgment would be very high if the time value of money is considered.

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