Witnesses Are Eyes & Ears Of Justice: Madras HC

The Madras High Court recently stated that witnesses are the eyes and ears of the judicial system, and they must be given the confidence to testify without fear or favour before the Court.

A single bench of Justice B. Pugalendhi made the observation while hearing the State’s plea to reject bail granted to a suspended Police Inspector for allegedly manipulating witnesses.

“Witnesses are the eyes and ears of the justice. Witnesses have to be instilled confidence to depose without any fear or favour before the Court.”, the bench stated.

The case pertains to the suspension of a police officer on the basis of a complaint saying that the Police had received Rs.10 lakh from the defacto complainant and threatened him with a case.

When the defacto complainant attempted to obtain the money the next day, he was threatened that if he insisted on money, a criminal case would be filed against him. As a result, he filed a complaint.

Following that, a case was filed, and the officer was arrested who later got bail from the High Court.

In the meantime, the police officer and other defendants submitted an application to void the investigation’s final report on the grounds that the parties had compromised.

The Court did remark, however, that there is no particular averment against the accused that she contacted the defacto complainant at any point in time or in any form and either influenced, persuaded, or intimidated the defacto complainant, so inducing compromise.

Consequently, the bench emphasised that the bail could not be revoked, but it also stated that it could not be a mute spectator to any subversion of the judicial process.

The single bench ordered the Inspector General of Police (South Zone) to form a special team to investigate if the accused sought to manipulate the de facto complainant or any other witnesses. It further stated that if there is any attempt to tamper with the witnesses, the investigative officer must file a separate case.

The bench further directed the District Legal Services Authority in Madurai to conduct an investigation and issue any necessary witness protection orders to any witnesses who require or request protection.