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LATEST NEWS UPDATES | Aadarsh scam: RTI activist denied permission to quiz witnesses by Shibu Thomas

Aadarsh scam: RTI activist denied permission to quiz witnesses by Shibu Thomas

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published Published on Nov 7, 2011   modified Modified on Nov 7, 2011

An RTI activist, who stumbled over words used in his own affidavit, was refused permission to cross-examine witnesses in the Adarsh scam case. Hearing an application filed by Adarsh society members objecting to Santosh Daundkar's plea to grill witnesses, the judicial commission of Justice (retired) J A Patil and member P Subhramanyam however dismissed the plea to throw out the affidavit and evidence submitted by the activist.

The Adarsh panel had summoned over 100 witnesses, including former chief ministers, Vilasrao Deshmukh, Ashok Chavan and Sushil Kumar Shinde. In his affidavit, Daundkar had alleged the involvement of the ex-CMs, 10 senior bureaucrats and three military officers in the Adarsh scam. The commission said that it was convinced that "Daundkar will not be in a position to assist the commission to enable it to achieve the purpose of the inquiry for which it is appointed and that by giving him an opportunity to cross-examine the witnesses would simply result in waste of time of the panel which is bound to finish the inquiry within a prescribed period."

Advocate Saket Mone, counsel for the society, pointed to the conduct of Daundkar who had been unable to provide any documents during his cross-examination to substantiate his allegations. Daundkar, who had studied in Marathi-medium and failed his std XII examinations, found it difficult read paragraphs from his own affidavit-the activist stumbled over words he had used like 'proportions' and 'clinching surmise' and 'deeply in conspiracy' and 'recalcitrance'.

All the parties before the commission, except the defence ministry, supported the application to refuse permission to Daundkar to cross-examine witnesses and discard his affidavits. Advocate Karan Vyas, counsel for the Union ministry of defence, said that the affidavits could remain on record. The commission said the evidentiary value of Daundkar's affidavit and his testimony could be considered at the appropriate time.

Under 8-C of the Commission of Inquiry Act, three categories of persons can cross-examine witnesses-the government, persons named in the case and with the permission of the commission, any person who has given evidence before the panel. The commission said Daundkar fell in the third category and it was the panel's discretion to allow any person who has submitted evidence to cross-examine a witness. The commission had earlier allowed Major A S Lamba, an activist permission to cross examine witnesses under this rule.


The Times of India, 8 November, 2011, http://timesofindia.indiatimes.com/city/mumbai/Aadarsh-scam-RTI-activist-denied-permission-to-quiz-witnesses/articleshow/10648404.cms


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