New Delhi, Nov 11 (PTI) A Delhi court on Tuesday rejected a plea of former railway minister Lalu Prasad Yadav and his wife Rabri Devi against conducting day-to-day trial in the IRCTC scam case.
Earlier, Special Judge Vishal Gogne had framed charges against the RJD chief and others under penal provisions of cheating and criminal conspiracy, besides under the Prevention of Corruption Act sections in the case.
It had posted the matter to the stage of prosecution evidence, commencing with the examination of the formal witnesses on a day-to-day basis from October 27 to November 7.
Later, the court deferred the cross-examination of the witnesses to November 17 on a plea by some of the accused persons.
While hearing the application by Yadav, Rabri Devi and M/S Lara Project seeking the “matter to be listed not before one week after each hearing”, Judge Gogne said, “The court reserves the right to list matters on a daily basis, in bulk dates or in any other order.” He said the listing of a matter in trial on any particular date or in any particular order of dates was a part of the essential function of a trial court, and such function was discharged after considering the nature of a case, the gravity of the allegations, the number of accused and witnesses, and a plethora of other circumstances.
“The control over trial is as much a prerogative of the court as it is a dynamic process. While the convenience of the respective counsels is always considered by a court, the prerogative of the court cannot be ceded or bound by a peremptory order, only on the asking of the parties,” the judge said.
He said that the Supreme Court and the Delhi High Court directed that courts expedite cases, avoid adjournments and record evidence daily, after commencement of the trial.
“The court is therefore disinclined to bind and restrict its future daily orders by introducing a negative direction inter alia, not listing the matter before one week after each hearing as prayed by the applicants,” the judge said. PTI MNR KVK KVK
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