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Victim has the right to assist court in trial -ക്രിമിനൽ കേസ് ഇരക്ക് വിചാരണയിൽ കോടതിയെ സഹായിക്കാൻ അവകാശമുണ്ട്

ക്രിമിനൽ കേസ് ഇരക്ക്  വിചാരണയിൽ കോടതിയെ സഹായിക്കാൻ അവകാശമുണ്ട് 

സാധാരണ ക്രിമിനൽ കേസുകൾ പ്രോസിക്യൂട്ടർ ഇരയ്ക്ക് വേണ്ടി  നടത്തും. സാക്ഷിയായി എത്തുന്ന ഇര പ്രോസിക്യൂട്ടർ പഠിപ്പിക്കുന്നത് അനുസരിച്ച് പോലീസ് അന്വേഷണത്തിന് സമാനമായി കോടതിയിൽ മൊഴി പറയണം. പലപ്പോഴും കേസ് സംബന്ധിച്ച കാര്യങ്ങൾ അറിയുന്നതിന് പ്രോസിക്യൂട്ടറെ സമീപിക്കണം. സാക്ഷിവിസ്താരതിൻറെ സമയത്ത് മാത്രമായിരിക്കും ഇരയ്ക്ക് കോടതിയിൽനിന്ന് സമൻസ് കിട്ടുന്നത്. മറ്റു സമയങ്ങളിൽ പ്രതിയോ പ്രതിയുടെ അഭിഭാഷകനോ നിരന്തരമായി ഹാജരാകുകയും ചെയ്യുകയാണ് പതിവ്. ചില ഘട്ടങ്ങളിൽ ഇരക്കു വേണ്ടി കോടതിയുടെ അനുവാദത്തോടെ അഭിഭാഷകൻ പ്രോസിക്യൂഷനെ സഹായിക്കാൻ ഹാജരാകാറുണ്ട്. ഇരയ്ക്ക് കോടതി നടപടികളിൽ ഇടപെടാനുള്ള അവസരം ആണ് അത്. എന്നാൽ വിചാരണവേളയിൽ കോടതിയെ സഹായിക്കുന്നതിന് ഇരയ്ക്ക് അവകാശമുണ്ടോ എന്നതാണ് ചോദ്യം ! 

ഇതിനുമുമ്പും ഇത്തരം ചോദ്യങ്ങൾ ഉന്നയിക്കപ്പെട്ടിട്ടുണ്ട്. ഇക്കാര്യങ്ങളിൽ ഒടുവിലായി സുപ്രീംകോടതി പറഞ്ഞതിങ്ങനെ - 
ഇര ആവശ്യപ്പെട്ടതു കൊണ്ട് ഉണ്ട് കോടതിയെ സഹായിക്കാൻ മജിസ്ട്രേറ്റ് അനുവാദം നൽകണമെന്നില്ല; അതേസമയം  കോടതിയെ വിചാരണയിൽ സഹായിക്കുന്നതിന് അവകാശമുണ്ട്താനും. കോടതി നടപടികളിൽ സഹായിക്കുന്നതിന് ഇരയ്ക്ക് പ്രാപ്തി ഉണ്ടോ എന്നതാണ് ഇവിടെ മജിസ്ട്രേറ്റ് പരിഗണിക്കേണ്ട വിഷയം. ഇരക്ക് മനസ്സിലാകാത്ത വിധത്തിൽ സങ്കീർണമായ നടപടികൾ അല്ലെങ്കിൽ കോടതിയെ വിചാരണയിൽ സഹായിക്കുന്നതിന് ഇരയ്ക്ക് മജിസ്ട്രേറ്റിന് അനുവാദം നൽകാം. അത്തരമൊരു സാഹചര്യത്തിൽ  ഇരയുടെ പ്രാപ്തി പരിഗണിക്കാതെ,  ആവശ്യപ്പെട്ടു എന്നതുകൊണ്ടുമാത്രം മജിസ്ട്രേട്ട് അനുവാദം കൊടുത്ത നടപടി  സുപ്രീം കോടതി റദ്ദാക്കി. സ്ത്രീധന പീഡനവും പണം വകമാറ്റിയതും സംബന്ധിച്ച കേസിലായിരുന്നു വിധി. ഇരക്ക് കോടതിയെ സഹായിക്കുന്നതിന് അനുവാദം കൊടുക്കണമോ എന്ന് മേൽപ്പറഞ്ഞ സാഹചര്യങ്ങൾ വിലയിരുത്തി മജിസ്ട്രേറ്റിന് വീണ്ടും തീരുമാനിക്കാം.
CRL Appeal 1217.2019 dated 7.8.19

© Sherry J Thomas
www.niyamadarsi.com 

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