HC raps state on absence of policy

Justice Abhay Oka said since January,he had heard about 250 cases at the stage of final hearing. Citing an example of a case in which a police constable had turned hostile because he was not given protection,the court said,“In 70 per cent of the cases,witnesses turn hostile. This is the state of affairs now.”

The court was hearing a petition filed by Vijay Jadhav,a witness in a murder case whose police protection was withdrawn recently. Jadhav contended that he is a witness in the 1999 murder of corporator Sharad alias Appa Leve in which Udayanraje Bhosale,MP from Satara,was an accused.

A Division Bench led by Justice Oka observed that the state government has been “moving in circles” over the issue since January. “This shows that the state is not interested in giving protection to witnesses,” he said.

“Is anything wrong if someone says they want protection?” the court asked. The court was told that protection is given to a witness if a specific request is made. No scheme is formulated but in case of a specific request made by a witness,the police provide protection after evaluating the threat perception,the court was informed.

“It appears that the state expects witnesses to apply for protection,” the court said. Stating that the government ought to formulate a policy to protect witnesses in criminal cases,the court adjourned the case till October 9.

Turning Hostile

The woman who accused Abhishek Kasliwal,son of industrialist Ambuj Kasliwal,of rape turned hostile in court. Abhishek was acquitted in March 2011

The woman who was allegedly raped by actor Shiney Ahuja backtracked in court. Ahuja,however,was convicted in March 2011 based on medical evidence

In the pending trial of 13 accused in the Mumbai train blasts of July 2006,six witnesses turned hostile

Thirteen witnesses in the trial of MP Padamsinh Patil,accused of murdering Congress leader Pawanraje Nimbalkar allegedly over a scam he exposed in Patil’s sugar factory.