SHILLONG: The East Garo Hills police while submitting the chargesheet against Cabinet Minister Deborah Marak and Tennydard Marak has sought an ‘in- camera’ trial with a request to keep the identities of all the witnesses confidential .
During an ‘in camera’ proceeding, there is a restriction on the presence of public and the press in the court.
It was based on the statement of 24 witnesses who had alleged that both Deborah and Tennydard had taken the help of GNLA during the 2013 Assembly polls that the charge-sheet against the duo was filed. Police had also sized printed materials which became part of the charge-sheet.
Since the identities of the witnesses will be kept confidential, this may create hurdles for the counsels of the accused to cross-examine the witnesses, sources said.
RTG Momin, the additional SP Williamnagar, East Garo Hills, in the charge-sheet submitted before the Court of Chief Judicial Magistrate on October 31 had said that with reference to the Section 173(6) CrPC , the personal particulars/details including the names, addresses, date of recording of statements, of all the witnesses including witnesses who provided seizure materials and their signatures recorded under section 161 CrPC (statement made before the police) and 164 CrPC ( statement before a magistrate) should be kept confidential .
The additional SP had urged the Court that “wherever the names or particulars of any witness appear, they may not be given to the accused persons in the interest of justice”.
According to the additional SP, “the accused persons are highly influential political leaders and have links with the proscribed terrorist organization GNLA, and therefore they may not only influence/intimidate the witnesses, but are also likely to harm the witnesses”.
Police based the submission under section 173(6) CrPC which says that ” If the police officer is of opinion that any part of any such statement is not relevant to the subject- matter ) of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request”.
