In a powerful directive, the Allahabad High Court has ordered disciplinary action against a Public Prosecutor, citing improper assistance to the accused in a violent assault case involving a 19-year-old student. Justice Subhash Vidyarthi, presiding over the matter, noted that despite the victim’s consistent support for the prosecution, the Public Prosecutor had inexplicably requested the court to declare him a hostile witness, an action that the court found “prima facie under the influence of the accused.”
The High Court ordered the Uttar Pradesh Legal Remembrancer and Principal Secretary (Law) to investigate the prosecutor’s conduct. Additionally, the Sessions Judge in Lucknow was instructed to transfer the case from the current trial judge, whose handling of the proceedings was sharply criticized. Justice Vidyarthi pointed out that the judge had permitted extensive delays in cross-examining the victim, creating an opportunity for undue influence. As the trial stretched over multiple dates, the victim, who initially supported the prosecution, eventually altered his testimony in favor of the accused.
This case traces back to an October 2022 assault where three individuals allegedly attacked the student with weapons including a hockey stick, baseball bat, and iron rod, resulting in severe injuries requiring intensive care. In a recent bail plea, one of the accused claimed the victim had recanted his testimony—a claim contradicted by earlier statements in the prosecution’s case.
Justice Vidyarthi rejected the bail plea, underscoring the risk of witness influence if the accused were released. He stated that the elongated trial had already given the accused ample opportunity to sway the victim’s statements, casting serious doubt over the fairness of the proceedings under the original judge.
The High Court’s orders have set the stage for a renewed investigation into the trial’s conduct, emphasizing the need for impartiality in legal proceedings and ensuring that cases are tried without undue influence.
