CHANDIGARH: The Punjab and Haryana High Court has allowed the Chief Judicial Magistrate to continue with the trial of former police chief KP.S. Gill during the summer vacations in the courts beginning from June 15.
CJM Darshan Singh who held his court in the Traffic Police auditorium, sector 29 Chandigarh, fixed June 27 as the next date of hearing when the statement of former Punjab Governor ‘S.S. Ray is scheduled to be recorded, The CJM directed that fresh summons should be sent to SS. Ray through a special messenger. He also districted the prosecution to wind up their evidence with the examination of Ray, who happens to be not only their last but also 4 vital witnesses.
The CJM further said that on that day he would also fix the date for recording the ‘statement of the accused, KP.S. Gill. He asked defense counsel Aloke Sen Gupta to be ready with his witness, The counsel, who sought at least 10 days’ time after the evidence of Ray, told the court that he would be in a position to finish his witness in two days’ time, The magistrate had earlier sought permission from the High Court to hold trial in the vacation period in view of the expiration of the extension period of the trial in mid-July. Earlier, the prosecution produced the witness of Raj Kumar Mathotra, Superintendent of the IAS branch, Punjab Civil Secretariat. While deposing before the court, he’ identified the note and the forwarding. Fetter sent by the then Home Secretary S.L. Kapoor (0 the then Governor.
However, during the cross examination, Malhotra said that he had never handled the file regarding the incident as it was the property of the Governor’s office, which was entirely independent of the IAS branch and that he had been deputed only to pro: duce the record before the court. He stated that be joined the branch in’ July 1995 and was not posted in there branch when the alleged incident took place, He was not in a position to” verify the genuineness of the documents in the file. ‘‘The witness also deposed that he had! No knowledge as regards to who pre~ pared and maintained the file prior to: February 26 when it was handed over to him to be produced as record before: the court. During the proceedings last week,” tempers ran high when public pros” actor RI. Sharma showed his anger’ by throwing a file on the table.
The CJM warned him against repeating such actions and also advised: him to maintain the decorum of the’ court.
Article extracted from this publication >> June 5, 1996