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2017 Supreme(Guj) 1587

J.B.PARDIWALA
Bhikhalal Kalyanji Jethava – Appellant
Versus
Central Bureau of Investigation (CBI) – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. B.B Naik, Senior Advocate with Mr. H.M Prachchhak, Advocate
For the Respondents:Mr. R.C Kodekar, Advocate, Mr. Digant B. Kakkad, Advocate, Mr. S.V Raju Senior Advocate with Mr. Niral R. Mehta, Advocate, Mr. R.J Goswami, Advocate, Mr. Samir J. Dave, Advocate, Mr. N.D Nanavaty, Senior Advocate with Mr. Yash N. Nanavaty, Advocate, Mr. R.S Sanjanwala, Senior Advocate, Ms. Nisha Thakore, APP

JUDGMENT :

J.B. PARDIWALA, J.

““Witnesses” as Benthem said: are the eyes and ears of justice. Hence. the importance and primacy of the quality of trial process. If the witness himself is incapacitated from acting as eyes and ears of justice, the trial gets putrefied and paralysed, and it no longer can constitute a fair trial. The incapacitation may be due to several factors, like the witness being not in a position for reasons beyond control to speak the truth in the Court or due to negligence or ignorance or some corrupt collusion. Time has become ripe to act on account of numerous experiences faced by Courts on account of frequent turning of witnesses as hostile, either due to threats, coercion, lures and monetary considerations at the instance of those in power, their henchmen and hirelings, political clouts and patronage and innumerable other corrupt practices ingenuously adopted to smoother and stifle truth and realities coming out to surface rendering the truth and justice, to become ultimate casualties. Broader public and societal interests require that the victims of the crime who are not ordinarily parties to prosecution and the interests of State represented by their prosec




























































































































































































































































































































































































































































































































































































































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