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Other accused may scapegoat Gidwani, fear complainants
Updated On: 28 November, 2012 06:43 AM IST | | Varun Singh
Whistleblowers in the case believe that while all evidence gathered from the late promoter may still be used in the case proceedings, others in the dock may use the death to their advantage, saying that he had tricked them
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Even as the death of Adarsh scam accused Kanhaiyalal Gidwani will in no way hamper the case proceedings, others accused in the case may actually use the death to try and wriggle out of the charges pressed against them, fear complainants who had blown the whistle over inconsistencies in the Adarsh society allocations.
Advocate Y P Singh, one of the chief whistleblowers in the case, revealed that the case against Gidwani will now be abated, as is the case after the death of accused persons. The statements that he made to the police, however, can still be used as evidence in the case. “Under Section 32 of the Indian Evidence Act, a dead person’s testimony is admissible. All the statements and dubious letters written by Gidwani will be admissible. The inability to cross-examine Gidwani would therefore not have any adverse impact on the case. As such, Gidwani was not cooperative as an accused.”
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