In a gripping courtroom drama, the Supreme Court of India on Wednesday sent a stern message to trial courts, urging them to avoid long adjournments after the examination-in-chief of witnesses. This directive came amidst the appeal of a former police guard, Surender Singh, who was convicted and sentenced to life imprisonment for a murder that transpired back in 2002.
Justice Sudhanshu Dhulia and Justice Rajesh Bindal, while delivering their judgment, emphasized the need for immediate cross-examination, ideally on the same or the following day post-chief examination. They stressed that only in rare and exceptional cases should cross-examination be deferred, and even then, a short adjournment should be granted with utmost care for the witness’s safety.
The bench pointed out a troubling trend where trial courts habitually postpone cross-examinations without substantial reasons. Such delays, they cautioned, could compromise the trial’s fairness and endanger witness safety. They reiterated that requests for deferral must be backed by sufficient justification.
This pronouncement arose from Surender Singh’s appeal against his conviction. Singh was found guilty of murdering a man, allegedly involved with his wife, inside Mayur Vihar Police Station. Despite the Delhi High Court upholding his conviction in 2011, Singh sought the Supreme Court’s intervention.
Central to the prosecution’s case was an eye-witness, a lady head constable, who had also been injured in the incident. The Court noted that her cross-examination had not been conducted immediately after her examination-in-chief, a delay that the Supreme Court found concerning. However, it also noted that this deferment did not affect the trial’s outcome, as the witness remained consistent throughout.
The Court dismissed Singh’s defence of self-defence and sudden provocation, labeling it a “bizarre line” of reasoning. They highlighted the compelling evidence against Singh, including the motive and the crime’s execution inside the police station, which pointed unequivocally to his guilt.
With Singh having been out on bail since 2012, the Court’s dismissal of his appeal now mandates his surrender within four weeks.
The case was represented by Advocate Arun K Sinha for Singh and Advocate Mukesh Kumar Maroria for the State.
