Court rejects Peter Mukerjea's plea

The Special Central Bureau of Investigation (CBI) court on Friday, for the second time, rejected the application filed by accused Peter Mukerjea, husband of accused Indrani Mukerjea, in which he had pleaded the court to direct the police to produce the case diary.

The application was rejected on the grounds that the defence's plea is a futile exercise and that the diary can in no way be termed as "previous statement of the witnesses" as claimed by the defence.

The court held that the case diary, which the defence is seeking, is of the offence which was registered against the accused-turned-approver, Syamwar Rai, under the Indian Arms Act, where he is still an accused. The court was hearing the application afresh after the Bombay High Court directed the trial court to do so. The CBI raised its objection on the demand. "The maintenance of a weekly or monthly diary is not mandatory for police officials and the case diary cannot be used as evidence. The sole purpose of the application is to delay the trial," replied the CBI.

COURT’S STAND

• The CBI court in a reply said that, “The maintenance of a weekly or monthly diary is not mandatory for police officials and the case diary cannot be used as evidence in the court. The sole purpose of the application is to delay the trial.”