The Economic Times 8 March 2008 P 3 Delhi
THE SUPREME Court on Friday indicated that the trial in the Prof H S Sabharwal murder case, allegedly involving ABVP leaders, could be shifted out of BJP-ruled Madhya Pradesh to Maharashtra.
A bench comprising Justice Arijit Pasayat and Justice P Sathasivam said, it would order the sessions court of Nagpur to complete the trial within eight months after all parties, including the accused and professor’s family, arrived at a consensus on the new place for conducting the trial.
“We would pass the order saying that the matter be referred to the session’s court of Nagpur which would decide which court would hear the matter. We would also direct to complete the trial within eight months,” the apex court said.
The court’s indication came while reserving its verdict on a petition filed by the slain professor’s son, Himanshu Sabharwal, seeking transfer of the trial outside Madhya Pradesh. It was also contended that independent public prosecutor be appointed to handle the case.
Senior advocate U U Lalit, appearing for one of the accused in the case, said, Nagpur would be a better option as it was a non-BJP ruled state and it was close to Ujjain where the trial was being held earlier.
The SC, however, said that it would be open to the sessions or district court of Nagpur to deal with the matter and the complainant and the Professor’s family could give the name of the public prosecutor to the judge who would hear the case.
The bench also made it clear that the order of the transfer of the case would not mean that it had gone into the merit of the allegation made by the family of the slain professor. The court, on July 11 last, had stayed the trial after allegations were made that the state government was trying to save the accused.
Voicing concern over the manner in which police officers, who reportedly were eyewitnesses to the killing of the Ujjain professor, turned hostile, the court had hoped that the case will not turn out to be another ‘Best Bakery’ case where all the witnesses turned hostile.
“What action have you taken against those police officers who retracted from their earlier statements. Would not the trial be a mockery if your police officers turned hostile,” the court had asked.
“Our anxiety is that every police officer will be given a clean chit. We have seen what happened in the Best Bakery case,” the court had observed.
Harbhajan Singh Sabharwal, a professor in Ujjain college, had died on August 26, 2006, after he was attacked by a group of students who were protesting against cancellation of election in the university.
The Professor had declared the student election null and void. Protesting his decision some students of Madhav College attacked him leading to his death.
With thanks from The Economic Times
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