Kotkhai custodial death case: CBI court dispose off application seeking physical hearing

CHANDIGARH: The special court of CBI has disposed off the application moved by accused Zahur Zaidi, suspended inspector general of police (IGP) Zahur Haider Zaidi, seeking commencing of physical hearing of Kotkhai custodial death case.
Though CBI had given its consent but the four accused stated did not give their consent for physical hearing of case citing Covid-19 fear. Hence the CBI court disposed the petition citing that consent of all parties is must for physical hearing of case.
The CBI has given its consent and stated that it has no objection to it. Though Zaidi has submitted that he wants to proceed with the trial in presence of accused in court but accused Mohan Lal, Surat Singh (both in custody). DW Negi and Manoj Joshi(both on bail) stated that they're not ready to proceed with trial at this stage due to fear of Covid-19 pandemic.
The high court on October 6 stated all the counsels parties have give their consent to appear for physical hearing of case. Later the district and session judge of Chandigarh district court on October16 passed the order that for physical hearing of case, consent of all parties is a must.
The case is fixed for prosecution evidence and the last witness was examined on January 24, which is over 9 months ago. The matter would come up for hearing on December 3
Zaidi had mentioned in the application that three witnesses were summoned for examination on March 17, and two witnesses on march 18. However, due to Covid-19 pandemic, the regular working of court was suspended and these five could not be examined. The next hearing was fixed on October 1 and December 3.However, on October 16, the sessions judge, Chandigarh has permitted physical hearings in courts with certain conditions with effect from October 19.
Zaidi whose total custody period is 2 years and 5 months, stated: “In view of the changes situation, the long date given on October 1 deserves to be preponed and the case be fixed for hearing in November, in view of prolonged periods of custody of the applicant and his co-accused.” He said that all five witnesses, who had been summoned in March 2020, be summoned for examination in court in the interest of expeditious delivery of justice.”