Is it possible to bring surprise witness in Court as per movie Jolly LL.B?

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It once happened years ago in Gujarat High Court when I was practising there.

I had filed a PIL to free some bonded labourers. After High Court issues notice to Govt and Police, the main witness, a bonded labourer disappeared before next date of case.

The police and Govt explained to court that there is no evidence in my PIL.

I pointed out that there are two more bonded labourers who are witnesses and I have kept them hidden in next court room!

The court allowed me to produce them. I succeeded. About 300 bonded labourers were freed.

In another PIL, after High Court issued notice, the corporate house let loose its wolves on petitioner. He called up me to withdraw petition. I asked him to send me written instructions.

The company’s lawyer, through some middleman, called me, offered bribe to withdraw PIL.

Bribe was not issue. But there was danger to life of petitioner. I placed the letter of client on record and matter was disposed off. The Judge understood my silence.

Since then I avoid filing PIL. It is not good for an ordinary man to file a PIL. There are so many wheels under wheel.

The normal rule of Evidence is clear that before producing a surprise witness, notice to other side has to be given and permission of court by a written order is necessary.

But in PIL, the courts are not bound by technicalities. In fact it can constitute a SIT type fact finding committee and can ask it to give report.

In a PIL, matters, Courts can certainly do what Judge in Jolly Ll. B. did.

However, the proceedings do not go as projected in movie. There are some procedures which has to be followed by Judge.

By and large. The movie has done a great job in telling people, about how helpless a judge and a good lawyer is, when evidence start disappearing:(

The life of PIL lawyer is always in danger. I know a very good PIL lawyer who died mysteriously.

So far as I am concerned, I have learned lessons and I avoid going into waters were sharks are swimming.

Haresh Raichura
1/4/2013

SC: Directions: When Eve teasing is reported, Bus driver has to take bus to nearest police station->

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Supreme Court of India has laid down Directions regarding duty of Bus Conductors or those who may be in charge of public buses or vehicles.
As per the Supreme Court order when Eve teasing is reported, Bus driver has to take bus to nearest police station.
This directions came in case of Inspector General of Police Versus S. Samuthiram [reported in 2013 [1] SCC 598] date of decision 30.11.2012 (Hon’ble Justice K.S.Radhakrishnan and Hon’ble Justice Dipak Misra)
In para 34.1, Supreme Court has directed/ordered as pointed out below. If the said orders are not being complied with by any State Government, Union Territories, District Collectors, and the District Superintendent of Police, a Citizen can approach Hon’ble High Court or Supreme Court for enforcing the said directions.
“Para 34.4 Where any incident of eve-teasing is committed in a public service vehicle either by the passengers or the persons in change of the vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police. failure to do so should lead to cancellation of the permit to ply.”
If violation of above directions of Supreme Court are noticed by a public spirited Citizen and if desires to take a steps, it is advisable that he should first bring the violation to the notice of concerned District Collector and District Superintendent of Police and should give them reasonable time to take necessary steps.
This can be seen from Para 34.8 as under:
“34.8 The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the authorities concerned including the District Collector and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing
A complete copy of judgement should be downloaded by a searching on Google or on Supreme Court website supremecourtofindia.nic.in
HARESH RAICHURA
29.03.2013