Packing more power with trial courts to prosecute high profile accused who by virtue of their influence do not get named as offenders in the charge sheet, the Supreme Court in a recent ruling held that the trial judge will be empowered to rope any person as accused during a trial if there is material to show his/her complicity in a crime.
A five-judge Constitution Bench settled doubts over this power available to the Sessions Judge, after conflicting views were expressed by the apex court in two separate judgments in 1993 and 1998. As a result of this decision, now an accused who is named in column 2 of charge sheet meant for persons who are not to be tried for want of evidence will now be at the mercy of the trial judge, who at any time can order them to be joined as main accused, without noting evidence against them.
The decision could come handy for trial courts seized of high-profile trials, including 2G scam. The bench said, “We have no hesitation in agreeing with the views expressed in Kishun Singh’s case (of 1993) that the Sessions court has jurisdiction on committal of a case to it, to take cognisance of the offences of the persons not named as offenders but whose complicity in the case would be evident from the materials available on record.”