The Violations of Constitutional Rights
The cause of justice is served when its evidence is able to withstand
scrutiny. Fair trials in court are the result of honest narratives leading to
the truth. Such constitutional principles are sometimes violated.
Recently, our client was
charged for allegedly trafficking in persons under Section 26A of the Anti-Trafficking in Persons
and Anti-Smuggling of Migrants Act 2007.Pursuant to Section 51A of the Criminal Procedure Code, the
Prosecution handed to us ‘all the relevant files’ that will be used throughout
the trial. However, when the trial was about to commence, the Prosecution
handed us 2 Depositions by persons who were alleged to be smuggled by our
client.
These Depositions were
taken in accordance with Section 61A of the abovementioned Act, 3 months after
we have been on record and after attending numerous CM and Mentions. This
Section allows Deposition to be taken in front of a Magistrate or Sessions
Court Judge even without the presence of the accused or her representative, and
that the evidence given is prima facie evidence without being subject to any
cross-examination. This indicates a clear breach of our client Constitutional
right under Article 5 (1) and 8(1), wherein her right to a fair trial is not
adhered.
It was obvious that the
Prosecution is skirting and hiding behind this draconian provision in the Act
and we sense a tactical maneuver on their part when they know that they don’t
have a case or that the alleged ‘trafficked persons’ testimony is not in their favour.
Thus, we have filed a application to challenge the Constitutionality of Section
61A of the above Act. This is done in public interest to ensure that evidence
in the court of law withstands critical examination.
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