ABDUL RAZAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for appellant and the learned Special Public Prosecutor for NIA cases. Learned counsel for 2 nd respondent is also heard.

(2.) This is second round of litigation before this Court in respect of S.C.No.2 of 2018 on the file of the Special Court for NIA Cases, Kochi. When a dispute relating to the recording of evidence came up for consideration, this Court as per a common judgment dated 09.12.2019 disposed a batch of cases. At the time of disposal, various directions were issued regarding the manner in which trial has to be conducted in respect of ordinary and protected witnesses. It is the case of the appellant, who is the 2 nd accused in the above case, that on consensus it was agreed to follow the directions contained paragraph II(i) in the above judgment. Pursuant to that agreement, a proceeding was recorded on 23.01.2020 which reads as follows:

(3.) Learned counsel for the appellant and the 2 nd respondent contended that on account of this deviation by the NIA from the agreed procedure, the appellant and other accused suffered serious prejudice.