Wednesday, September 3, 2008

Trial court orders further investigation in Sabharwal case

A trial court, hearing the high-profile Prof H S Sabharwal murder case, has ordered further investigation and seizure of original negatives of photographs and video tapes, on which the media recorded the incident, video recorders and video editing machines.

District Judge II B A Sheikh, who is hearing the case, directed the Government of Madhya Pradesh to seize the material since the investigation in the case had to be done properly. The order came in response to an application under section 173 (8) of the Criminal Procedure Code (CrPC) moved by Advocte Pratul Shandilya, special public prosecutor.

Prof Sabharwal died after being allegedly assaulted by activists of the Akhil Bharatiya Vidyarthi Parishad (ABVP) on the premises of Madhav College in Ujjain on August 26, 2006. The assault took place after the college authorities cancelled the elections to the students union on the grounds of insufficient quorum.

The case was being heard by a court in Ujjain, but Himanshu Sabharwal, Prof Sabharwal's son, moved the Supreme Court with a plea to a shift the case to a court outside Madhya Pradesh, saying a fair trial was not possible in that state because it was ruled by the Bharatiya Janata Party. The apex court ordered the case to be shifted to Nagpur.

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