Cross- Examination of Witnesses in cases under FEMA Explained by High Court

Cross- Examination of Witnesses in cases under FEMA Explained by High Court

In Shahid Balwa v. ED [2013] GCtR 5814 (Delhi) dealing with case under Foreign Exchange Management Act, 1999, it is held that "cross-examination of witnesses has been held to be an integral part and parcel of the principles of natural justice. Refusal to grant permission to cross-examine witnesses would normally be an exception."

The legal position that would follow is that normally if the credibility of a person who has testified or given some information is in doubt or if the version or the statement of the person who has testified is in dispute normally right to cross-examination would be inevitable. If some real prejudice is caused to the complainant, the right to cross-examine witnesses may be denied. 

No doubt, it is not possible to lay down any rigid rules as to when in compliance of principles of natural justice opportunity to crossexamine should be given. Everything depends on the subject matter. In the application of the concept of fair play there has to be flexibility. The application of the principles of natural justice depends on the facts and circumstances of each case.