‘Witness protection’ made it open-and-shut case':GETTING TO TRUTH

Bhandara: The Khairlanji Dalit massacre case is perhaps the first instance in India’s judicial history of witnesses being assured protection by the state while testifying against the accused. The origin of the move could be in the manner in which the Dalit family of Bhaiyyalal Bhotmange was killed for deposing against some of the accused in another case. The CBI proposed to the Maharashtra government to provide the two key witnesses, Mukesh Pusam and Suresh Khandate, a house each in Khairlanji village, jobs in the state government and agriculture land. The witnesses rejected the proposal and asked for Rs 10 lakh each which, according to sources, was accepted by the government.

As part of rehabilitation, the social justice department had also offered Bhotmange a residential plot measuring 1,250 sq ft and 3.10 acres of land worth Rs 3 lakh, both in Khairlanji village, and a job as a watchman in the department, also in Bhandara district.

As per official records, Bhotmange accepted the two cheques but there was no response from him on the other offers. The plot for a house, agricultural land and a job was offered to him in December 2006. But the government’s offer to rehabilitate witnesses was construed to be an allurement by the defence lawyers.

During the hearing, defence lawyers produced documents before the special court of judge S S Das, claiming that the prosecution ‘‘tried to bribe’’ the witnesses, raising doubts over the credibility of the important prosecution witnesses.

Defence lawyer Neeraj Khandewale submitted documents including CBI’s proposal to rehabilitate witness Suresh Khandate and Mukesh Pusam, addressed to special social welfare officer; Suresh Khandate’s application to social welfare officer demanding his rehabilitation; social welfare officer’s letter to the collector regarding CBI ‘proposal’ to rehabilitate Khandate apart from a move to grant Rs 10 lakh in lieu of job, agricultural land and house to Pusam and Khandate.

Khandewale told TOI earlier this year that he had all the information on rehabilitation. ‘‘While some papers, particularly correspondence between CBI director and chief secretary was withheld, it was proposed to give the witnesses a house, job and agriculture land in village Khairlanji,’’ Khandewale had said.

Khandewale took strong objection to the rehabilitation plan, terming it ‘‘as a new kind of corruption and blatantly illegal’’. He claimed there was no such provision to win over the witnesses prescribed in Indian law.
With the Thanks from the Time of India
Source:- The Times of India 16 Sep. 2008 P.9
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