PTI | 12 Mar, 2008
Holding that the State has a duty to
protect witnesses in sensitive cases involving those in power, the
Supreme Court today transferred the trial in Prof H S Sabharwal's
murder from Ujjain in Madhya Pradesh to Nagpur in Maharashtra.
"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 a
trial getting tainted and derailed and truth becoming a casualty," the
apex court observed.
A Bench headed by Justice Arijit Pasayat also directed that the Public Prosecutor be changed in the case.
The Bench passed the order on a petition filed by the slain
professor's family alleging that free and fair trial was not possible
in Madhya Pradesh as the accused belonged to the ABVP the student wing
of the ruling BJP.
However, the Bench also made it clear that the order of the
transfer of the case would not mean that it had gone into the merits of
the allegation made by the family of the slain professor.
Harbhajan Singh Sabharwal, a professor in Ujjain college, had died
on August 26, 2006, after he was allegedly attacked by ABVP leaders
protesting against the cancellation of election in the university.
The Professor had declared the student election null and void.
Protesting his decision, some students of Madhav College had attacked
him leading to his death.
The Bench while reserving its judgement on March seven had
indicated that it would direct the Sessions Court of Nagpur to complete
the trial within eight months.