SUBAIR.T.P @ SUBU Vs. UNION OF INDIA

JUDGEMENT

(1.) Primacy of witnesses in the adjudication of disputes, especially in the dispensation of criminal justice, is a well known fact recognised from time immemorial. Dharma Sasthras postulate that credible witnesses are the most important element from the point of view of oral evidence. A witness, according to Shukra Neethi, is a person other than the party, who has some knowledge of the transaction in dispute. Saintly jurist Manu said a person becomes a witness because he has either seen or heard something relevant. Kautilya @ Chanakya, ancient Indian teacher, philosopher, economist, jurist and royal advisor, in his Arthasasthra, a text dated to roughly between 2nd and 3rd century BCE, in Book III, concerning law, deals with the importance of witnesses in trials. Importance of taking oath by a witness is also dealt with therein.

(2.) Jeremy Bentham (1747-1832), an English philosopher, jurist and social reformer, said : "Witnesses are eyes and ears of justice". If the witnesses themselves are incapacitated or prevented from acting as eyes and ears of justice, trial becomes nugatory, worthless, trivial and meaningless. That may even sacrifice the sublime concept known as fair trial.

(3.) State of affairs existed during ancient times have drastically changed now. As long as the relevancy of oral evidence remains to be legally recognized in the realm of adjudication, especially in criminal cases, pre-eminence of the witnesses will continue. A genuine and truthful witness coming forward to depose in a criminal case should be regarded as an enlightened and responsible citizen, who has immense sense of public duty. He deserves to be respected and protected.