EMN
DIMAPUR, AUGUST 20
THE trial in the 2004 Dimapur serial blast case on August 19 was fixed for prosecution witness but the Public Prosecutor, Imtiakum, failed to produce evidence in the absence of the 23 witnesses, said the Nagaland State Legal Services Authority, Dimapur Front Office.It was he who was not prepared and instead he passed on the buck to the defendants of the accused persons for deferment of the case, the NSLSA said in a rejoinder to the report in the blast case carried on August 20.
It further said 19th August 2013 was not fixed for hearing of any other issues including allegations of irregularities in the proceedings. But, the public prosecutor did not produce any of his witness and instead started questioning the credibility of the defense counsels.
“These allegations of the Public Prosecutor are not irreparable that one has to make such a hue and cry about the issue by going black and white,” the NSLSA said.
The lawyers body pointed out that the panel lawyers appearing in the case has been duly appointed by the competent authority and has been accepted by the trail court. This is also recorded in the case file, it said, adding that the public prosecutor, therefore, has no authority to question the credibility of the Legal Aid Counsels under Legal Services Authority. More so, the proceeding of the case is underway, they said.
The lawyers also maintained that it was not at all necessary and relevant for the public prosecutor to go the media with the allegation with regard to filling of affidavits declared by the Accused Persons.
The affidavits declaring the income of the accused persons were calculated prior to their arrest and the specific year of annual income is not mentioned in the affidavits, they said. “Therefore, assumption of the Public Prosecutor does not arise and the Affidavits cannot be taken as false information,” the association noted.
Further, the Judge in the case in his order dated 19/08/2013 has clearly stated that there has been no mischief committed as the accused persons in the instant case are either way entitled to legal aid be it zero or 30 to 40 thousand annually.
The Legal Aid Counsels also stated that on false information, according to the ‘Free and Competent Legal Services Regulation 2010’, the legal services shall be stopped forthwith and the expenses incurred by the legal services institution can be recovered from him or her and not as alleged by the Public Prosecutor that the accused persons should be punished under section 193 IPC for false evidence. “Moreover, Section 25 of National Legal Services Authority Act provides that this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act,” they added.
Also, stating that they have been following the due procedure of law, the Legal Aid Counsels termed the accusations made by the Public Prosecutor as totally false and malicious. “It is unbecoming of the learned Public Prosecutor to make such allegations,” they stated.
The Legal Aid Counsels further stated that the Nagaland State Legal Services Authority endeavors to deliver justice to the weaker sections of the society even if such persons are accused of committing heinous offence as provided under Article 39A of the Constitution of India and the Legal Services Authority Act, 1987.
They also pointed out that every alleged accused has a right to life and cannot be prosecuted without being defended.
