New Delhi: The Supreme Court on Tuesday set aside a Delhi High Court order directing the Delhi police to hand over the copies of the case diary relating to the Shivani murder case to the key accused R.K. Sharma.

Allowing an appeal filed by the Delhi police against the High Court judgment, a Bench of Justice Arijit Pasayat and Justice S.H. Kapadia held that the impugned order was unsustainable and that the accused was not entitled to the copies.

The Bench agreed with the submissions of the police that the prosecution would not rely on the statement made by Rakesh Bhatnagar as noted in the case diary and hence it was not necessary to part with the copies of such statements.

Defence affected

The SLP assailed the May 2006 order of the High Court directing the police to supply the records relating to the entries in the case diary on the questioning of Rakesh Bhatnagar, husband of the deceased, excluding the personal observations made by the Investigating Officer.

Mr. Sharma had sought copies contending that non-supply of the same was adversely affecting his defence. He had argued that such copies were necessary to enable him to defend the case properly.

The Additional Sessions Judge accepted his plea and asked the police to supply the same.

On an appeal by the police, the High Court upheld the ASJ's order but said that the case diary might be given to the defence without the personal observations of the Investigating Officer.

The SLP submitted that the statements made by Mr. Bhatnagar under Section 161 Cr.P.C. had already been provided to Mr. Sharma.

It was 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.

Six accused — R.K. Sharma, Pradeep Sharma, Satya Prakash, Ved Prakash Sharma, Ved alias Kalu and Sri Bhagwan — are facing trial in the case. Mr. Rakesh was examined and cross-examined in the case for about six months in 2004.

The trial is at the stage of recording of prosecution evidence and 202 witnesses had already been examined.

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