view of the decision of the Hon’ble Supreme Court, witnesses being PW-1, PW-36, PW-37 and Mr.L.K.Gautam, Deputy Secretary, Home cannot be examined at this stage. The only dispute relates to whether cross examination of Mr.Dharmender Kumar whose examination-in-chief has been recorded should proceed or not. Examination-in-chief of Mr.Dharmender Kumar, Deputy Secretary, Ministry of Home Affairs who stepped into the witness box as PW-19 to prove the sanction order in respect of offence punishable under Section 13 of UAPA has already been recorded. Though learned counsel for the appellant prays that the cross-examination of Mr.Dharmender Kumar be deferred in view of the ‘definition’ of Section 13 UAPA which overlaps with Section 124-A IPC, to the extent, disaffection to the Government is an ingredient of unlawful activity, we are of the considered view that the cross examination of Mr.Dharmender Kumar be also conducted, however, subject to the liberty to the appellant to further cross-examine him in case trial for the offence punishable under Section 124-A IPC is to proceed pursuant to the decision of the Hon’ble Supreme Court. Further, the witnesses namely Inspector Satish Malik, Inspector Vijay Kumar Samaria, ACP Sandeep Lamba, Mr.L.K.Gautam, Deputy Secretary, Home and ACP Umesh Barthwal be not examined by the learned Special Court till the decision of the Hon’ble Supreme Court.
