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HC directs trial court to proceed with examination of witnesses

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EDUCATION ‘SCAM’

By Our Reporter

SHILLONG, Feb 20: The High Court of Meghalaya on Thursday directed that the trial court may proceed with the examination of witnesses in the case pertaining to alleged manipulation and the subverting of the process of selection and appointment of assistant teachers in lower primary schools, Government of Meghalaya, in 2008-09.
In an order, the single bench court of Chief Justice Indra Prasanna Mukerji said there are three accused in the criminal case, including a serving minister in the state.
“They are accused of illegally manipulating and subverting the process of selection and appointment of assistant teachers in Lower Primary School, Government of Meghalaya in the year 2008-09. The investigation of the case, (PS Case No.62(07)2011, under Sections 120B, 167, 466, 408, 34 IPC), was entrusted with the Central Bureau of Investigation (CBI) for investigation by this High Court,” the court said in its order.
Further, it stated that the petitions filed by the accused are on various grounds. The ground made out by the minister is that the charge-sheet does not disclose any offence.
“By my order dated 9th December, 2024, I had indicated the desire of the court for early disposal of the criminal case. This court had inter alia observed that the prosecution had a long list of 162 witnesses and that it would serve the ends of justice if this list was cut short,” Chief Justice Mukerji said in the order.
Among other things, it could facilitate early conclusion of the proceedings, the court said, adding that it was left to the CBI to take a decision on the issue and the criminal court to consider further examination of witnesses till that decision was made by CBI. It appeared that such decision is pending.
“In the meantime, around 21 witnesses for the prosecution have been examined. It was submitted by the learned counsel for the accused that the number of witnesses proposed to be examined by CBI has now crossed 400, which fact Deputy Solicitor General was unable to confirm on Thursday.”
“It goes without saying that this exercise of examination of witnesses is subject to the result of the applications under Section 482 of the Criminal Procedure Code made by the accused for quashing of the criminal proceedings,” the court order read.
It was submitted that the trial court has fixed March 3, 4, 5, 6 and 7, 2025 for further examination of the witnesses for the prosecution.
“This court directs that the learned trial court may proceed with the examination. The CBI should indicate to the learned criminal court whether it would go ahead with the examination of all the witnesses or with a limited number or seek further time to consider whether to produce the current list of witnesses or a truncated list,” the court said.
It added that if the CBI has taken a decision, then the trial court shall proceed.
“If it seeks further time to take a decision on the issue, further examination of witnesses after examination of the witnesses already in the box shall be kept in abeyance till the decision is made by the CBI,” the court said.
“In the meantime, the High Court will hear out the applications of the accused under Section 482 CrPC along with the application under the same provision made by the CBI,” the court further stated.

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