KOCHI: Retired Judge B Kemal Pasha has lashed out at prosecution and has openly supported the special court judge, Honey M Varghese, in the actress attack case. Kemal Pasha has complained that the case should not be conducted as per the demands of the prosecution and the current case in the high court is taken up as per the plea of the prosecution.

“If Dileep is guilty and if evidence is available against him then he should be punished. They are not raising the lapse in recording evidence but that the court has not recorded ‘that statement’ and ‘this statement’ of various witnesses in the case. A court is not liable to record such statements which do not back any facts and a judge also cannot entertain such statements,” he said.

He also added that there is nobody to support a judicial officer and it is wrong to raise such allegations against a judicial officer. It is a clear instance of mistrusting the court, Kamal Pasha told Malayala Manorama.

That could never be considered as evidence

“The friend of the attacked actress heard somebody saying at a film set that Dileep will set ablaze the attacked actress and the allegation against the court is that it has not recorded the statement of the attacked actress’s friend. I am intrigued that a judge is paying attention to such baseless claims. This is mere hearsay how it could become evidence against the accused? If the accused tells the victim directly that he will kill her it is a piece of evidence but here a person is saying that she heard somebody saying that accused will kill the victim, therefore, it should never be recorded,” he said.

She cannot step down

Another allegation against the judge is that she contacted to get the forensic report. If such a report is not made under the time given by the court, it has the authority to ask for it. Legally it is not a wrongful act to ask for the forensic report. Another reason cited by them to change the trial court is that more than 20 advocates grilled the victim but in this case, the number of accused should be considered and every one of them has a personal lawyer. All of them want to take part in the hearing and they have to hear the victim’s statements. They cannot be ousted from the court. This is a fact.

Why they took so long to air grievances?

Kemal Pasha said that another allegation against the court is that it has not recorded Manju Warrier’s testimony. Her testimony was taken about six months ago. Similarly, the testimony of another witness was taken eight months ago. They were silent all this time and have now come up with complaints against the court. The judge might have asked about incomplete information and things which have no evidence that is his/her duty.

Judge a person of unblemished character

I know the judge personally, she is a person of unblemished character. When I was serving as a judge at Thrissur district court, she has appeared before me as an additional prosecutor in many cases. As a judge, she has the courage to speak against unnecessary things being raised in the court during the hearing. She cannot be influenced by the accused and statements which derail the morale of a judicial officer should not be encouraged.