Does the appeal process allow for the cross-examination of witnesses?
The relevant provision, in terms of section 53-O of the CA spells out the procedure and powers that the CAT will have – it does not provide the application of the India Evidence Act, 1872 – as such cross-examination of witnesses during this stage of appeal appears generally not within the mandate of the law. However, this section also empowers the CAT to regulate its own procedure which will guide it to conclude an appeal. Further, in terms of section 62 of the CA, provisions of the CA are in addition to and not in derogation of, the provisions of any other law for the time in force. This provision may enable the CAT to apply Indian Evidence Act, 1872 and also “cross-examination” of witnesses since the appellate tribunal would be headed by a judicial member and such member will have many years of experience in applying relevant provisions of the Evidence Act reasonably. The (first) appeals from the MRTPC and the second appeal from the CAT before the Supreme Court are/would be normally
