JUDGMENT

1) Is a statement given before an Arbitral Tribunal a previous statement coming under Section 145 of the Evidence Act, 1872 ?

2) Can a copy of a witness statement obtained under the provisions of the Right to Information Act, 2005 be received in evidence and used to contradict that witness, or for any other purpose?

The petitioner is the accused in C.C.No.25 of 2011 pending before the court of Enquiry Commissioner and Special Judge, Thrissur. PW1, Sri.R.Rajan, during cross-examination, was confronted with Ext.P5 statement. The learned Special Judge disallowed that request stating that provisions of the Indian Evidence Act, 1872 were not applicable to the arbitration proceedings and the copy of the statement of PW1 before the Arbitral Tribunal was one obtained under the provisions of the Right to Information Act. The said order is under challenge in this original petition filed under Article 227 of the Constitution of India.

2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor (Vigilance).

3. Section 1 of the Evidence Act excludes application of its provisions to the proceedings before an Arbitrator. Therefore, evidence is recorded before