Natural Justice – Right of cross examination – Is integral part of natural justice principles – Affidavit – Not evidence: Evidence Act, 1872 section 3:

The Hon’ble Court observed that not only should the opportunity of cross examination be made available, but it should be one of effective cross examination, so as to meet the requirement of the principles of natural justice. In the absence of such an opportunity, it cannot be held that the matter has been decided in accordance with law, as cross examination is an integral part and parcel of the principles of natural justice.

The Hon’ble Court observed that affidavits are not included within the purview of the definition of “evidence” in section 3 of the Evidence Act, and the same can be used as “evidence” only if, for sufficient reasons, the Court passes an order under Order XIX of the Code of Civil Procedure, 1908 (CPC). Thus, the filing of an affidavit of one’s own statement, in one’s own favour, cannot be regarded as sufficient evidence for any court or Tribunal, on the basis of which it can come to a conclusion as regards a particular fact or situation. However, in a case where the deponent is available for cross-examination, and opportunity is given to the other side to cross-examine him, the same can be relied upon. Such view stands fully affirmed, particularly in view of the amended provisions of Order XVIII, Rules 4 and 5 of the CPC.

When a document is produced in a court or a Tribunal, the question that naturally arises is: is it a genuine document, what are its contents and are the statements contained therein true. If a letter or other document is produced to establish some fact which is relevant to the inquiry, the writer must be produced or his affidavit in respect thereof be filed and opportunity afforded to the opposite party who challenges this fact. This is both in accordance with the principles of natural justice as also according to the procedure under Order 19 of the CPC and the Evidence Act, both of which incorporate the general principles.