Prof Sabharwal case transferred to Maharashtra

The Supreme Court Bench headed by Justice Arijit Pasayat of India transferred the trial of Professor H S Sabharwal murder case from Ujjain in Madhya Pradesh to Nagpur in Maharashtra on March 12.

The court delivered the judgement based on a petition filed by the son of slain Prof Sabharwal, who showed his dissatisfaction with the trial in the state and alleged the state government of concealing the accused.

Taking stern notice against the proceeding of the trial in the state the Bench objected, “Legislative measures to emphasise prohibition against tampering with witness, victim or informant have become the imminent and inevitable need of the day”.

“Time has come when serious and undiluted thoughts are to be bestowed for protecting witnesses so that ultimate truth is presented before the Court and justice triumphs and the trial is not reduced to mockery. The State has a definite role to play in protecting the witnesses, to start with at least in sensitive cases involving those in power, who has political patronage and could wield muscle and money power, to avert trial getting tainted and derailed and truth becoming a casualty,” court said.

“The reluctance and the hesitation of witnesses to depose against people with muscle power, money power or political power has become the order of the day. If ultimately truth is to be arrived at, the eyes and ears of justice have to be protected so that the interests of justice do not get incapacitated in the sense of making the proceedings before Courts mere mock trials as are usually seen in movies,” the bench added.

The Apex Court drew attention to the witnesses who are turning hostile due to threats or various reasons and giving blow to the cause of justice and stressed on the need to protect the witnesses from the clutches of such threats.

It discussed that delay in such cases may end up the confidence of people who believe in justice.

Son of Professor, Himanshu Sabharwal on Wednesday has threatened to go for fast unto death if his demand for a CBI probe is not met in his father’s murder case.

Meanwhile, the transfer of the case has been criticised by opposition but Chief Minister Shivraj Chauhan said that the decision is not a setback and his government will abide by Supreme Court’s decision.

H S Sabharwal, a Professor in Ujjain College was murdered by Akhil Bhartiya Vidyarthi Parishad (ABVP) activist after he cancelled the college election in 2006. There are five accused in the case while more than 50 witnesses have turned hostile.