"Shocking": Supreme Court orders probe by Tamil Nadu DGP into police tutoring witnesses

The Supreme Court on Friday slammed the Tamil Nadu police officials for tutoring witnesses in a murder case and ordered a probe by the Tamil Nadu Director General of Police (DGP) into the same [Manikandan vs State Rep by Inspector of Police]..Such gross misuse of power by the police cannot be permitted, the Court underscored."This kind of interference by the Police with the judicial process, to say the least, is shocking. This amounts to gross misuse of power by the Police machinery. The Police cannot be allowed to tutor the prosecution witness. This conduct becomes more serious as other eyewitnesses, though available, were withheld," the top court said. The bench of Justices Abhay S Oka and Pankaj Mithal also expressed surprise that both the trial court court and the Madras High Court overlooked this when deciding the case."We are surprised that both the Courts overlooked this critical aspect," the Court observed.In view of the above, the Court directed the Tamil Nadu DGP to initiate a probe into the police officials in question."Needless to add, appropriate action shall be initiated against the erring officials in accordance with the law," the Court ordered. .The observations were made while quashing the verdicts of the High Court and a trial court that convicted and sentenced two persons in a 2007 murder case.The top court after examining the trial court records, noted that a day before the evidence of five prosecution witnesses was recorded, they were called to the police station and taught how to depose in a particular manner."One can reasonably imagine the effect of “teaching” the witnesses inside a Police Station. This is a blatant act by the police to tutor the material prosecution witnesses. All of them were interested witnesses. Their evidence will have to be discarded as there is a distinct possibility that the said witnesses were tutored by the police on the earlier day," the Court stated.Therefore, the apex court held that the fora below erred in convicting the appellants based on testimonies of interested parties and set aside the conviction. .Advocates G Sivabala Murugan, Mailysamy, Selvaraj Mahendran, C Adhikesavan, PV Hari Krishnan, P Soma Sundaram, R Nedumaran, B Ragunath, NC Kavitha and Vijay Kumar appeared for the accused.Senior Advocate Dr. Joseph Aristotle S and advocates Shubhi Bhardwaj and Vaidehi Rastogi appeared for the State of Tamil Nadu..[Read Judgment]