SHAM LAL SARAF Vs. MOHD SHAFI QURESHI

JUDGEMENT

(1.) TWO applications have been moved by the learned counsel for the respondent No. 1, one for summoning one Shri Ram Chand, who is alleged to have been the S. H. O. at Awantipora in January 1967 and the other for recalling of respondent No. 2 who has already appeared as a witness in this case. Both these applications have been strongly opposed by the learned counsel for the petitioner. The objections filed by the learned counsel for the petitioner are also on the file.

(2.) I have heard arguments, which were detailed, of the learned counsel for the parties.

(3.) I think I should take up the two applications separately, although the learned counsel for the respondent No. 1 brings both these applications under the same category which in my opinion is not correct. Let me first take the application for summoning of Shri Ram Chand, who was in January 1967 S. H. O Awantipore Police Station but is now said to S. H O. Pulwama. When the original list of witnesses was filed by the respondent No. 1 on 28 -7 -1967, at item No. 4 thereof the witness mentioned is Police Officer concerned; police station Awantipore with Roznamcha Jan./Feb. 1967. The word Awantipore has been substituted for the word Anantnag which originally was typed in the list. The S. H. O. of this Thana Awantipore Hakim Ghulam Rasool came with the relevant Raznamcha and was examined on 5 -4 -1968 After his examination the present application has been moved. In the original list of witnesses no officer by name was mentioned by the respondent No. 1. From the list it would appear that the learned counsel for the respondent No. 1 were only anxious for the production of the Roznamcha and they has not specified any officer by name whom they wanted to examine as their witness. Therefore it would appear from an inspection of the list of witnesses submitted by the respondent No. 1s learned counsel that Shri Ram Chand now sought to be summoned as a witness, was not at all mentioned therein. Rule 15 of the Rules relating to Election Petitions framed by this Court with the sanction of Governor and published in the extra -ordinary Gazette of 8th April 1967 reads as under: -