The Supreme Court on Tuesday stayed a Delhi High Court order that allowed the accused in the Uber cab rape case to recall and re-examine 13 witnesses.
The apex court issued notice to the accused and the Delhi Government on the plea of the victim and also stayed the trial court proceedings in the case.
Taxi driver Shiv Kumar Yadav is currently on trial for raping a 25-year-old woman in an Uber cab . He had approached the Delhi High Court with a plea on March 4 to recall and re-examine 13 witnesses, including the raped victim in the trial.
The apex court order was issued by a bench headed by Justice J S Kehar.
Senior advocate Colin Gonsalves, appearing for the alleged rape victim, said the accused had wrongly been allowed to recall and re-examine the witnesses, and maintained that it would create further agony for the victim and delay the trial.
The Supreme Court said that at the outset that it wanted to know as to whether recalling of witnesses can be allowed at the instance of an accused or not. It also said that to ensure a fair trial, the accused may be allowed to re-examine the witnesses. During the hearing, the bench drew parallel with the grant and cancellation of bail to an accused with the permission to allow and disallow recalling of witnesses.
"Courts apply different yardsticks while granting and cancelling the bail. Likewise, if a court below has granted liberty to an accused to recall witnesses, then can this court deny it?" the bench said.
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Gonsalves, however, said that the trial court had passed a "well reasoned order" and while reversing that the Delhi High Court didn't give any specific reason for doing that.
The apex court had yesterday agreed to hear plea of the woman, who was allegedly raped by Shiv Kumar Yadav, driver of an Uber cab here, after she said that recalling of witnesses amounted to a retrial in the case and sought an urgent hearing on the matter.
Earlier, the trial court had rejected Yadav's plea for recalling witnesses, and also said there was no change in circumstances except for a change of counsel.
The trial in the case had commenced on January 15 and the prosecution had concluded recording its evidence in 17 days by examining 28 witnesses.