New Delhi: The Supreme Court on Friday stayed till August 4 a Delhi High Court order directing the police to hand over copies of the Shivani murder case diary to the key accused R.K. Sharma.

A Bench consisting of Justices K.G. Balakrishnan and D.K. Jain granted the stay during `mention' time when Additional Solicitor-General Vikas Singh said that under the law the police were not bound to give copies of case diaries to defence during the trial. It was for courts to call for them, when necessary, for proper appreciation of evidence.

The Bench posted to August 4 the special leave petition, filed by the Delhi police, which assailed the May 2006 High Court order directing the police to supply records of the entries on the questioning of Shivani's husband Rakesh Bhatnagar, excluding the personal observations made by the investigating officer.

Mr. Sharma, suspended Haryana cadre IPS officer, had said non-supply of copies of the case diary adversely affected his defence. An additional sessions judge accepted his plea. On appeal by the Delhi police, the High Court upheld the additional sessions judge's order.

The SLP said the statements made by Mr. Bhatnagar under Section 161 of the Criminal Procedure Code were already provided to Mr. Sharma. It alleged that seeking copies of the case diary was an attempt to protract the trial.

Shivani Bhatnagar, a journalist working with The Indian Express, was found murdered in her East Delhi apartment on January 23, 1999. Besides Mr. R. K. Sharma, Pradeep Sharma, Satya Prakash, Ved Prakash Sharma, Ved alias Kalu and Sri Bhagwan are facing trial. Mr. Bhatnagar was examined and cross-examined for about six months in 2004. The SLP said the trial was at the stage of recording of prosecution evidence and 202 witnesses were already examined.

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