Law: Ehtesab Ordinance (CXI of 1996)

Section: 3,10,12

(a) Ehtesab Act (IX of 1997)------Ss. 3, 10 & 12---Criminal Procedure Code (V of 1898), S.340(2)--­ Allegation of corruption and corrupt practices--Reference ---Procedure--­Right of person against whom proceedings were instituted to be defended and his competency to be a witness ---Nowithstanding the facts that accused failed to produce any witness when Reference under Ehtesab Act, 1997 against her was taken up for hearing, Supreme Court allowed the accused to appear as her own witness before the Ehtesab Bench under S.340(2), Cr.P.C.--­Ehtesab Bench was further directed by Supreme Court to allow the accused a fair opportunity to examine witnesses in their defence within the bounds of law. (b) Ehtesab Act (IX of 1997)--­----Ss. 3, 10 & 12---Criminal Procedure Code (V of 1898), Ss.265-A to 265-N & 342---Allegation of corruption and corrupt practices--­Reference---Trial---Admissibility of documentary or oral evidence produced by prosecution---Determination---Stage---Procedure---Question of admissibility of a document tendered in the evidence, if objected to by the accused, can either be decided by the Court at the time of receiving the document in evidence or Court may postpone its consideration at some later stage---Accused is called upon to enter on his defence not with reference to admissibility or otherwise of any evidence produced by the prosecution but with reference to circumstances and points appearing in the evidence of prosecution against the accused to which his attention is drawn while examined under S.342, Cr.P.C.---Question of admissibility of any piece of­ evidence produced by the prosecution in the case, therefore, has a bearing to the conviction or acquittal of the accused in the case on the basis of such evidence---If the accused has objected to the admissibility of any documentary or oral evidence against him in the case, he is free to press objection before the Court at the stage of arguments which will be disposed of in accordance with the law---Accused is, however, not entitled under any law to ask for the postponement of their defence in the case until determination of the question of admissibility of either documentary or oral…

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