Opinion - Letters to the Editor   

Hostile witnesses

This refers to the editorial, "The problem of hostile witnesses" (Feb. 24). The assessment that intimidation is the main cause of witnesses turning hostile is correct. But it is difficult to accept that what they perceive as harassment from the long trial and the way they are treated in court can make them hostile. Inducements in cash and kind appear to play an important role in witnesses turning hostile. In cases where many or all witnesses turn hostile, does not the court have the power to order an independent enquiry into the circumstances that led to a change of heart?

P. Balakrishnan,
Mangalore

* * *

The editorial voices the people's concern over the rising trend of acquittals for want of evidence, resulting from wilful dereliction of duty on the part of the prosecution and eleventh-hour retraction by witnesses. Of course, money and muscle power play a vicious role. The falling rate of conviction is worrisome. The need of the hour is to revamp the criminal justice system by inducting upright officials and plugging loopholes in the present system.

N.K. Vijayan,
Kizhakkambalam, Kerala

* * *

Hostility is one form of perjury. Lying under oath is punishable under the Indian Penal Code. A hostile witness is also resorting to lies. Instead of asking the prime witness to depose at the witness box, he can be asked to give his evidence in writing. Thus the witness can avoid eye contact with the prosecution or defence.

K. Pradeep,
Chennai

* * *

Verdicts as pronounced in Jessica Lal's case are nothing new. They are so common that our reel-life heroes take the law into their own hands because justice is denied to them. Such movies are all-time favourites. If the loophole in the law is not removed and the prosecution and executive continue to be slack, people will lose faith in the criminal justice system.

M.A. Hakeem,
Hyderabad

* * *

There are a number of reasons for a witness turning hostile, the major one being the absence of police protection during and after the trial. The witness is afraid of facing the wrath of convicts who may be well connected. Another reason is the inordinate delay in disposal of cases. It protracts the witnesses' ordeal. The verdict in Jessica Lal's case reinforces the need to address these problems.

K. Murlidar,
Chennai

* * *

While there is reason for one to feel despondent and even cynical, it is necessary to examine why there are glaring holes in the testimony of the prosecution and why witnesses turn hostile. Enforcement of more accountability on the part of the prosecution, a requirement of witnesses appending their signatures to the FIR in front of a first class magistrate, mandatory security to witnesses, and a system prescribing a meaningful time frame for trial and judgment can be considered.

Sunita Ashok,
New Delhi

* * *

As long as criminal justice is dispensed on the basis of the IPC, the Cr.PC, the Evidence Act and other provisions dating back to the colonial period, more such instances will recur. Between the time of recording the statement and final deposition, the witness can be made to turn hostile as the statement is not admissible unless he deposes. In the interest of justice, a new law to suit the present-day requirement should be enacted.

Dantu Surya Rao,
Kakinada, A.P.

* * *

The verdict in Jessica's case and a series of related incidents in the recent past bring to mind Karl Marx's words: "History repeats itself first as tragedy and then as farce."

Manu Melwin Joy,
Thrissur, Kerala

* * *

The details of the verdict reveal the shocking failure of the prosecution agency in pursuing cases. As a High Court judge, I have come across shocking negligence and primitiveness in the working of the investigating and prosecuting agencies of the police. It is unfortunate that courts are blamed for acquitting the accused in heinous crimes. A judge has to act upon the evidence brought before him. No doubt, methods of investigation in our countries are crude and primitive but even they can produce much better results if the officers of the investigating and prosecution agencies work diligently.

Justice (retd.) Salahuddin Mirza,
Karachi

* * *

The case exposes how criminals with political clout escape under all circumstances. Our penal codes were evolved 100 years ago when honesty had a chance. Today everything is possible — criminals can enter politics, manipulate documents, intimidate witnesses and cheat the judiciary.

G.B. Srkantiah,
Bangalore

* * *

Had a common man killed a famous or powerful person could he have won an acquittal? If nothing is done to prevent misuse of power and pelf by the rich and influential, there will be little hope for India.

Swasti Pachauri,
New Delhi

* * *

It is more than clear than ever before that trials should be speedier and a case must reach its logical conclusion before evidence is destroyed, witnesses turn hostile and the guilty get enough time to exploit the loopholes.

Maulshree Gangwar,
Lucknow, U.P.

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