HC: Can’t stay mute if witnesses turn hostile

CHENNAI: There could be no greater affront to the system of administration of justice if courts are to remain mute spectators when “star” witnesses turn hostile in front of it, the Madras high court said, as it noted that the prime witness in the 2015 Salem Gokulraj murder case in Tamil Nadu backtracked during the probe.

The case pertains to the killing of a Dalit youth, V Gokulraj, whose decapitated body was found near railway tracks in Namakkal district in 2015. Ten people were awarded life imprisonment by a Madurai court in March on the basis of “circumstantial evidence”. Probe revealed that Gokulraj was murdered as he was seen talking to a woman, Swathi, who was from the Gounder community.

On Thursday, justices MS Ramesh

and N Anand Venkatesh of the Madurai bench were hearing a plea of the main accused against his conviction when it said Swathi had initially played an active role in assisting the prosecution but turned hostile later. Being a “star witness”, her statement was recorded by the magistrate, the high court said.

However, it appeared as though something had transpired as she “completely turned turtle” while deposing before the trial court, it said. The HC said trial court had simply declared Swathi as hostile and discarded her evidence.

“There could be no greater affront to the system of administration of justice if courts are to remain mute spectators when star witnesses turn hostile in front of it,” the HC said, as they directed Swathi to appear before them on Friday. On Friday, the court said no one should meet Swathi and call her or her family.