Merely saying that the accused is not cooperating in the investigation will not work in the Supreme Court. During the hearing of a case on Thursday, the bench demanded evidence from the lawyer who made such an argument. Along with this, he also gave advice to the police who claimed without proof. The court said that cooperating in the investigation does not mean that the accused has to say 'yes' to the allegations against him.
The bench of Justice SK Kaul and Justice Sudhanshu Dhulia was conducting the hearing. In meanwhile, the Prosecution lawyer told the bench that the accused is not cooperating in the ongoing investigation. Soon after, the bench asked the counsel to show how the accused was not cooperating in the investigation. Along with this, the judge also put forth the demand for concrete evidence for this.
Now when the lawyers could not give proof of this to the court, Justice Kaul said, 'Cooperation in the investigation doesn't mean that you call him and he says yes. Police can't just say that accused is not cooperating. The police will also have to be told how he is not cooperating.
Justice Kaul expressed displeasure over such claims being made by the police without any evidence. He said, 'In all the cases the reply coming from the police is that the accused is not cooperating. You have to show how he is not cooperating. In the midst of the hearing, two-three days' time was sought from the side of the lawyer and the court accepted the request.
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