The Hindu : Karnataka / Bangalore News : Gag order against witnesses

Online edition of India's National Newspaper
Thursday, Jan 04, 2007
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Karnataka

Karnataka - Bangalore

Gag order against witnesses

Staff Reporter

Judge asks the police, defence counsel to keep a watch in Pratibha case

BANGALORE: The Fast Track Sessions Court hearing the Pratibha murder case has barred the accused and the witnesses from speaking to the media.

The judge K. Sukanya on Wednesday gave the direction following interviews given to the media by the accused Shiva Kumar and some of the witnesses the day before.

When proceedings resumed on Wednesday, the second day of the hearings, the judge questioned Shiva Kumar's counsel S. Shankarappa over the conduct of the accused. "How can your client speak to the media when the trial is going on. Have you not instructed your client about it," she asked.

Mr. Shankarappa said the accused was forced by the media to talk to them. He said the media should be barred from covering the trial. The judge then turned to the police escorting Shiva Kumar and asked, "How did you allow him to speak to the media. Henceforth, you should not allow him to speak."

It was only at certain places and time that the accused could speak, she added.

Turning to Special Public Prosecutor K. Janardhan, the judge said: "You should instruct your witnesses not to speak to the media." On Wednesday, the judge recorded evidence of K. Anand, Professor and Head of the Department of Kempegowda Institute of Medical Sciences.

Mr. Anand submitted the findings of the post mortem on Pratibha Murthy's body and other related forensic tests.

Submitting his evidence, Mr. Anand said a detailed examination of the body indicated forced sexual intercourse.

The semen samples on the dress of Pratibha matched that of the accused Shiva Kumar.

On Tuesday, Shiva Kumar, in his interview to media, alleged that his supervisor was responsible for the rape and murder of Pratibha and that he (Shiva Kumar) was innocent. He accused the police of not acting on his information, which he had submitted before the 9th Additional Chief Metropolitan Magistrate.

Reacting to this, Mr. Janardhan on Wednesday told The Hindu that Fifth Additional Chief Metropolitan Magistrate had taken cognisance of Shiva Kumar's plea.

He directed the police to investigate Shiva Kumar's information. The police challenged this before the Principal Sessions Court, which quashed the direction of the Magistrate. The court ruled that the case be committed to the Fast Track Sessions Court.

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