The Violations of Constitutional Rights


Criminal Evidence that do not stand up to scrutiny violates 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.


Comments

Popular posts from this blog

Ex pub employee sued for allegedly defaming her employers for spreading "lies".

Set up a special task force to investigate the injuries sustained to Baskar while he was in police custody