In a significant development, the Supreme Court has granted permission to the State of Rajasthan to appeal against the Rajasthan High Court's order to summon IPS Officer Ajay Pal Lamba as a witness in the Asaram Bapu rape case. The apex court has overturned the earlier decision and directed the High Court to expedite the hearing of Asaram's appeal.
A bench comprising Justices Sanjiv Khanna and M.M. Sundresh stated that the request to allow additional evidence did not meet the necessary test. The bench further observed that the criminal appeal, which was ready for hearing before the High Court, was being delayed by the filing of an application under Section 391 of the Cr.P.C. for recording additional evidence, nearly eight years after the incident had occurred.
The Supreme Court also noted that the attempt to re-open the case and seek the re-examination of witnesses at the appellate stage was a clear violation of legal procedures. The court's decision has been hailed as a major victory for the prosecution in the Asaram Bapu case.
Asaram Bapu's appeal challenging his conviction in a minor's rape case is currently pending before the Rajasthan High Court. As part of his appeal, Asaram has argued that the prosecution's case against him is false and fabricated. To support this claim, an application was filed to summon IPS Officer Ajay Pal Lamba as a witness. The application suggested that Lamba's book, "Gunning For The Godman, The True Story Behind Asaram Bapu's Conviction," contained accounts that could substantiate the allegation that the victim was tutored using videos of the crime scene shot by Lamba.
After hearing arguments on the application, the Rajasthan High Court allowed it, leading to the issuance of a notice by the Supreme Court. The apex court subsequently stayed the High Court's order, effectively halting the summoning of Lamba as a witness. The court's decision has been widely discussed in legal circles, with many praising it for upholding the integrity of legal procedures in criminal cases.
The Rajasthan High Court had allowed an application to summon IPS Officer Ajay Pal Lamba as a court witness in connection with Asaram Bapu's appeal challenging his conviction in a minor's rape case. The application alleged that Lamba had shot videos of the crime scene during his first visit as a police officer and that these videos were used to tutor the victim's statement. The High Court had noted in its order that the video footage would be a valuable piece of evidence and that the defence had the right to claim access to it. However, the Supreme Court overturned this decision, noting that the application was based on semi-fictional grounds and that the attempt to summon Lamba was an attempt to re-open the entire case.
During the hearing, the state was represented by Senior Advocate Mr. Manish Singhvi, who argued that the book referred to in the application was a dramatized version and that Asaram was seeking to re-open his conviction on the pretext of the book. On the other hand, Senior Advocate Mr. Devadutt Kamat, appearing for Asaram, argued that there were contradictions in the statements made by the survivor and the police and that the survivor had been shown a video of the crime scene recorded by Lamba. He insisted that under Section 391 of the Cr.P.C., Asaram should be able to rely on the piece of evidence in hand and that the onus was on the state to show that the additional evidence was irrelevant. He cited the judgment of the Supreme Court in Zahira Habibullah Sheikh v. State of Gujarat (2004) to support his argument that it is only required to be shown that the evidence is relevant.
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TAGS: Asaram Bapu Rajasthan High Court IPS Officer Ajay Pal Lamba witness conviction rape case Supreme Court appeal additional evidence Gunning For The Godman book cross-examination State defence Section 391 Cr.P.C. Zahira Habibullah Sheikh v. State of Gujarat new material relevant evidence crime scene video recording survivor police statement Jodhpur contradiction FIR statements Devadutt Kamat Manish Singhvi.
