to an opposition party, supported by his political co-worker Nanku Yadav
(P.W. 28) – a witness who, in his transparent anxiety to appear truthful went
so far as to make the absurd assertion that he had not told anyone, before he
appeared in the witness box that he had attended the Shaheed Mela on 7-11971 and who could not remember either the date of his marriage or the
dates of births of his children but asserted that he had noted 7-1-1971
without even having ever talked on any previous occasion to anyone about
this date if he is to be believed–and, by Shri R.K. Dixit (P.W. 31), a joint
editor of a newspaper who claimed to be present on the occasion, and who,
while reporting other facts and reasons in his newspaper for believing that
the original respondent will stand from the Rae Bareily constituency, had not
mentioned what he claimed, in the witness box, to have heard Shri Yashpal
Kapur himself say at the Mela, Obviously, both these witnesses, if they were
not committing perjury did not have good memories on their own admissions.
But, the learned Judge had believed them quite unhesitatingly although the
meeting at Shaheed Mela, addressed by Shri Yashpal Kapur, had not even
been given any prominence in the pleadings by being at least specifically
mentioned in the petition.
418. The learned Judge disbelieved the evidence of the original
respondent's witness Shri Sarju Prasad (R.W. 12), the Headmaster of a
School, who had denied that he ever accompanied Shri Nankau (P.W. 28) to
the Shaheed Mela as claimed by Nankau. The ground for holding that Shri
Sarju Prasad must be deposing falsely appears to me to be very unfair both to
Shri Sarju Prasad and Shri Gaya Prasad Shukla, a Congressman, who was
suspected, without the slightest foundation in evidence of having induced
Shri Sarju Prasad to give perjured evidence simply because Shri Gaya
Prasad, who did not even appear as a witness, was a member of the Congress
(R) party and was once connected with the School in which Shri Sarju Prasad
served. The learned Judge said:
“It is quite likely that once Nankau had conceded in cross-examination
that Sarju Prasad had accompanied him to the Shaheed Mela, pressure was
brought to bear on Sarju Prasad (R.W. 12) by Gaya Prasad Shukla in order to
make him appear as a witness in the case and give evidence to contradict the
testimony of Nankau. It is true that in his re-examination Sarju Prasad
(R.W. 12) admitted that on the date on which he was examined as a witness
in the case the school was being run by the Government under the control of
the District Basic Education Officer. However, the association that Gaya
Prasad Shukla had with the Pathshala in his capacity as Adhyaksha, and
consequently with Sarju Prasad, who was a teacher in that Pathshala could
not have been wiped off overnight merely because the school was taken over
by the Government to be run under its own officers”.
419. The reasons given by the learned Judge for holding that it was
“abundantly clear” that Shri Ram Pal (R.W. 13) another witness of Smt.
Gandhi was “also not a truthful witness”, were;
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