Modifying a trial court order, the Delhi High Court today said the Investigating officer and the Public Prosecutor can interview the prosecution witnesses "before hand" in the Commonwealth Games-related graft case involving sacked Organising Committee chairman Suresh Kalmadi.
Justice Kailash Gambhir said, "The order is modified to the extent that the duo can interview the prosecution witnesses before hand."
The court modified the trial court's March 14 order which had barred both Investigating Officer (IO) and Public Prosecutor (PP) from having access to the prosecution witnesses who are yet to be examined,
The court also issued notices to Kalmadi and other accused in the case and sought their replies by July 12 on the CBI's plea challenging the special court's order.
During arguments, CBI Special Public Prosecutor Dayan Krishnan cited a Supreme Court ruling and said that PPs have the right to interview the witnesses to know what stand they have to adopt while recording of their statement.
He also said that "by this order the (trial) court is facilitating witnesses to turn hostile."
In its plea, CBI informed the high court that so far 10 out of 64 prosecution witnesses have been examined in the day-to-day trial of the case.
Kalmadi's counsel, however, argued that trial court had questioned the conduct of PP and alleged that some witnesses were seen in the company of IO and PP in the court on the date of their examination.
On March 14, the Special CBI court which is conducting trial in the Timing, Scoring and Result System (TSR) scam, had in its order restrained the IO and PP from having access to the witnesses till the conclusion of their examination.
