Cops access to witness statements: Orders reserved
Accordingly, the Chief Justice constituted the present bench, which after hearing arguments, reserved its orders.
Chennai: The Madras high court has reserved orders on an issue relating to whether the police is entitled to be furnished immediately with copies of the statement of a witness, the confession statement of the accused, dying declaration and test identification parade report.
A division bench comprising Chief Justice Indira Banerjee and Justice P.N. Prakash reserved orders after hearing arguments from several advocates, including state public prosecutor Rajarathinam and public prosecutor for CBI Srinivasan.
Originally, while Justice P.N. Prakash was dismissing a bail petition as withdrawn filed by the founder chairman of the Thiruppur School for the Deaf, who was accused of sexually abusing four deaf and dumb girls, he came across an issue relating to police not being furnished with the statements of the victim girls that were recorded under section 164 Cr.P.C by the Magistrate.
Additional public prosecutor C. Emilias had also brought to the notice of the judge that the police were made to run from pillar to post for receiving the copies of such statements of witnesses as well as the accused, dying declaration and test identification parade report.
The judge had said, an authoritative pronouncement of a division bench on the issue was necessary to settle the controversy and provide guidance to the Magistrates in the state. “Are the police entitled to be furnished with copies of the statement of a witness recorded under section 164 Cr.P.C. Hence, the Registry is directed to place this matter before the Chief Justice for referring the issue to a division bench for an authoritative pronouncement”, the judge had added.
Accordingly, the Chief Justice constituted the present bench, which after hearing arguments, reserved its orders.