Bedi Commission may summon TV anchors for cross-examination
D A RASHID
Srinagar, May 2: Justice Bedi Commission probing death of National Conference worker Syed Muhammad Yusuf has said top anchors of national channels may be summoned for cross-examination, if permissible in law.
Counsel for family of Syed Haji Yousuf, Mushtaq Ahmad Dar had prayed that the TV anchors Barkha Dutt, S Dutta, Arnab Goswani of the NDTV and Times Now respectively should be summoned by the Commission.
“This is essential as Salam Reshi had given interviews to the news channels, in which he had indicted a large number of persons but subsequently in his statement made under section 164-A of Criminal Procedure Code, he (Reshi) had made a complete reversal and had exonerated all those, who were indicted by him,” Dar had argued.
However, the Commission said Reshi has filed statement on affidavit under rule 6. “To my mind the question of providing CDs would arise only if Reshi were to deny that the CDs that had been telecast did not pertain to him or were fake the stage of giving proof of the CDs would arise only if Salam Reshi were to deny the factum of the CDs therefore the request for summing Barkha Dutt, S. Dutta and Arnab Goswami, is premature and they can be summoned at a later stage if permissible under law after the evidence of Salam Reshi,” the Commission held.
Dar had called for summoning of Chief Minister and his aides. In the replies, the counsels for Chief Minister, Gaurav Pachnanda, Mushtaq Ahmad Chashoo and others said that no reason has been spelt out as to why the persons mentioned in the two applications were required to be summoned for cross examination at the stage of recording of viva-voce evidence envisaged under rule 8 of the Rules had not yet been reached.
In the replies by the Chief Minister and his associates specific reliance has been placed on the constitution Bench judgment of the Supreme Court in State of J&K versus Bakshi Ghulam Muhammad reported as 1966, to highlight that no person had a right to cross examination an individual who had furnished a statement on affidavit under rules 6&7 unless such person had first given oral evidence before a Commission.
The Commission after hearing the arguments said, “I am accordingly of the opinion that no case to summon Omar Abdullah, Nasir Aslam Wani, Davinder Singh and Asgar Samoon has been made out.”
Lastupdate on : Wed, 2 May 2012 21:30:00 Makkah time
Lastupdate on : Wed, 2 May 2012 18:30:00 GMT
Lastupdate on : Thu, 3 May 2012 00:00:00 IST
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