To decide later if 2G document photocopies are evidence: CourtNovember 21st, 2011 - 8:13 pm ICT by IANS
New Delhi, Nov 21 (IANS) A trial court in the second generation (2G) spectrum allocation case Monday said it will decide later if copies of some documents could be admitted as evidence.
Hearing objections by Swan Telecom’s Shahid Usman Balwa and R.K. Chandolia, the private secretary of former telecom minister A. Raja, the court said till final arguments start, he was allowing “tentative” exhibition of these photocopied documents as evidence.
“Both the parties (prosecution and defence) have invited my attention to the various provisions of Evidence Act, Banker’s Books Evidence Act and relevant case laws. I proceed to dispose of the objection,” Judge O.P. Saini said.
“During evidence-taking stage, time will not be wasted on account of such objections and the court can continue to examine the witnesses,” said the judge, who is presiding over the special court of the Central Bureau of Investigation (CBI).
“In view of the authoritative pronouncement by the Supreme Court, my final views about the objection will be taken during the final arguments and the exhibition of documents shall be deemed as tentative,” said the court.
The objections were primarily to the production of photocopies of some documents, rather than originals, with all the 14 individuals accused in the case saying they had a right to be shown the originals.
They said mere certification of a photocopy does not give it any right of admissibility since it remained a secondary evidence, taken by a mechanical process. “They cannot be admissible in evidence, so they can not be exhibited.”
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Tags: case laws, cbi, central bureau of investigation, evidence act, objection, objections, photocopied documents, private secretary, pronouncement, raja, relevant case, s books, saini, second generation, secondary evidence, shahid, spectrum allocation, stage time, trial court, usman