New Delhi: The Delhi High Court on Thursday issued Non-Bailable Warrant against three of the 31 witnesses who failed to show up to offer an explanation for turning hostile in the Jessica Lall murder case.
The court also directed witnesses who were present in the court - including model-turned-actor Shayan Munshi - to file an affidavit in two weeks time explaining as to why they retracted from their statements.
Munshi along with his wife Piya and lawyer reached the court at around 1015 hrs (IST) and then deposed before the Bench of Justice R S Sodhi and Justice P K Bhasin.
It was while sentencing prime accused Manu Sharma to life imprisonment for Jessica in April 1999, the court had on December 20 summoned all the 32 witnesses who had turned hostile in the case.
The Delhi Police claim that they have served notices to all the witnesses except three - Karan Rajput, Parikit Sagar and Rupinder Singh Gill - who had died during the course of the trial.
Apart from Munshi, the other high-profile witness who was summoned was businessman Andaleeb Sehgal - facing probe in the Iraqi oil-for-food scam.
Others included, Shiv Dass Yadav, an electrician at Tamarind Court Cafe, ballistic expert Prem Sagar Minocha and Shakar Mukhia, an employee at Manu Sharma's farmhouse at Sambhalkha in Haryana.
What the court said
On December 21, 2006 – while convicting main accused Manu Sharma – the court had served notice to these witnesses asking them why legal proceedings for perjury should not be initiated against them, as under Section 340 (perjury) of the Criminal Procedure Code for interfering with the administration of justice.
While passing the direction, the bench observed that these witnesses had "vitiated the administration of justice by not supporting the case".
The court clearly stated that Munshi was under Manu Sharma’s influence.
Interestingly, Delhi Police counsel Mukta Gupta said that during the trial Manu's family had tried to influence
the witnesses and "ultimately attempted to interfere in the administration of justice system".
Within hours after the model – who was serving as a bartender at Tamarind Court – was shot, it was Munshi who filed the FIR.
At that time, the actor clearly stated that he saw Manu fire two bullets, one in the air and the other at Jessica that hit her in the eye.
However, few months later, the struggling actor changed his version and said he did not understand Hindi and could not decipher the police statement he had signed on in a state of frenzy.
He also said that though it was Manu who fired at the ceiling, some other man – whom he could not identify – shot Jessica.
Under Section 340 of CrPC, hostile witnesses can be tried and prosecuted for perjury. Zahira Sheikh of the Best Bakery case was tried under the section.
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