Witness Examination - The Legal Chamber

The Supreme Court, while dismissing appeals against bail grant and refusal under the UAPA, emphasized the prima facie test for bail under the stringent Act. It declined to interfere with the High Court's reasoned analysis of the chargesheet evidence, distinguishing the roles of the accused. The Court underscored the right to a speedy trial, directing the conclusion of proceedings within two years due to the accused's prolonged incarceration. Facts Of The Case: The case originated from an FIR registered in January 2020 against 17 individuals, including Saleem Khan (Accused No. 11) and Mohd. Zaid (Accused No. 20), for alleged conspiracy under the IPC and various offences under the UAPA and Arms Act. The allegations involved connections with terrorist activities and organisations. The inves...

The Supreme Court clarified the scope of Order 18 Rule 17 CPC, emphasizing that the power to recall witnesses rests solely with the court to clarify ambiguities, not to fill lacunae in a party's case. The ruling reaffirmed that such discretion must be exercised sparingly and cannot be invoked by parties for re-examination or cross-examination. The Court underscored that Section 151 CPC (inherent powers) may permit witness recall in exceptional cases, but routine use is barred to prevent trial delays. The judgment aligns with precedents holding that procedural tools must aid judicial clarity, not protract litigation. Facts Of The Case: The case arose from a petition filed by Shubhkaran Singh challenging two orders of the Madhya Pradesh High Court at Jabalpur. The first order, dated 7 Janu...

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Supreme Court’s Balancing Act in UAPA Bail Appeals :Trial Delay vs. Terror Charges

Supreme Court Explains When Courts Can Recall Witnesses: Order 18 Rule 17 CPC