1000 TIT BITS ON DISCIPLINE -208
865. GUIDELINES FOR ORGANISING AN EFFECTIVE DEFENCE
(21) Remember, where new evidence is allowed you can also (i) ask for new evidence to rebut it, and (ii) request for suitable adjournment of the inquiry, normally for three clear days, to pre are yourself.
(22) He should ensure that the defence witnesses are produced without avoidable delay and that the inquiry proceedings are not delayed by asking for unjustified adjournments.
(23) He must restrict examination-in-chief of defence witnesses to the facts best known to each witness. There is no point in asking information from a witness who, you know, has no personal knowledge of it.
(24) While defence witnesses are being cross-examined, he should follow it closely, so that no irrelevant, indecent or scandalous question is asked or the questions are not asked without any basis. The cross-examination cannot be used as a purposeless exercise just to fish out evidence.
(25) At the close of cross-examination, he may re-examine his witness to clarify any point, or to put the record straight on any matter, which came up during cross examination.
(26) Before close of recording of evidence, the charged officer must inform the inquiry officer whether he wishes to examine himself as his own witness. Such a course of action may be adopted if he feels that the procedures or the sequence of the events or any other important detail has not come up adequately on record.
(27) The general examination by the inquiry officer of the charged officer at the end is a golden opportunity to explain his position and clear any doubts which may still be lurking in the mind of inquiry officer. The charged officer should make best use of this opportunity, by answering the questions in a lucid and convincing manner. The procedure is that these questions and answers are recorded by the inquiry officer and a copy is supplied to the presenting officer and the charged officer.
(28) He should ask for a copy of the written brief, if any, filed by the presenting officer at the end of the hearings. In case the presenting officer argues the case verbally, he should listen to him carefully, keep notes of the important points and explain those points, satisfactorily, in his oral arguments or in the written brief subsequently
(29) Even if the presenting officer has not submitted his brief, the charged officer must submit his brief within the prescribed time-frame. The inquiry officer is dutybound to call for the rejoinder of the charged officer if he entertains the brief of the presenting officer subsequently. To make sure that it is done by the inquiry officer, the charged officer should also include such a request in his written brief.
(30) There is no procedure that a copy of written brief of defence be given to the presenting officer.
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