Shocking that Addl. Public Prosecutor gave up important eyewitnesses: Madhya Pradesh High Court orders enquiry

The Gwalior Bench of the Madhya Pradesh High Court directed competent authority to conduct an enquiry against an Additional Public Prosecutor (APP) after it came to the Court’s notice that two important eyewitnesses were given up by the trial court at his request (Shivsingh Tomar v. State of MP)..While hearing an application seeking bail for an accused arrested for murder, it came to the notice of Justice GS Ahluwalia that the trial court had given up two eyewitnesses in the case acting on the request of the APP. Therefore, the Court sought reasons for this request by way of an affidavit..On receipt of the affidavit, the same was read over in open court. The APP submitted that the two eyewitnesses did not support the prosecution’s case thus, with the aim of saving the trial court’s time, they were given up..The single-judge, however, found it shocking that such important eyewitnesses including the father of the deceased were given up by the APP. It was also pointed out that the affidavit does not mention any communication between the APP and witnesses where it was stated that they would not support the prosecution’s case.“How Shri Sanjay Kumar Sharma was knowing that these witnesses would not support the prosecution case is also a mystery,” said the Judge..Considering the circumstances, it was deduced by the Court that the witnesses were given up arbitrarily by the APP.“However, this Court is refraining itself from mentioning anything further but one thing is clear that Shri Sanjay Kumar Sharma has lost the confidence.”.Therefore, the Court directed the competent authority, either Principal Secretary, Law and Legislative Affairs or District Magistrate to conduct an enquiry against the APP and review his continuation as an APP within two months of the order..The Public Prosecutor was asked to withdraw this case from APP and conduct the trial himself, further asking the APP to “stay away” from the case. All other important matters were also directed to be withdrawn from the APP till the completion of the enquiry..Finally, the Public Prosecutor was asked to file an application seeking permission to examine the two witnesses since they were wrongly given up..[Read Order]