The Hindu : New Delhi News : Sabharwal trial shifted out of M.P.

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Sabharwal trial shifted out of M.P.

J. Venkatesan

NEW DELHI: The Supreme Court on Wednesday transferred the trial of the case relating to the death of Professor H. S. Sabharwal in August 2006 during student union elections at Ujjain in Madhya Pradesh to a court at Nagpur in Maharashtra.

Acting on a petition from Prof. Sabharwal’s son Himanshu Sabharwal, a Bench of Justice Arijit Pasayat and Justice P. Sathasivam shifted the trial out of a court in Madhya Pradesh following an apprehension that the trial if held in Madhya Pradesh would not be free and fair.

The Bench in its judgment said: “If a criminal court is to be an effective instrument in dispensing justice, the Presiding Judge must cease to be a spectator and a mere recording machine by becoming a participant in the trial, evincing intelligence, active interest and elicit all relevant materials necessary for reaching the correct conclusion to find out the truth and administer justice.”

Writing the judgment, Mr. Justice Pasayat said: “Courts administering criminal justice cannot turn a blind eye to vexatious or oppressive conduct that has occurred in relation to proceedings, even if a fair trial is still possible, except at the risk of undermining the fair name and standing of the judges as impartial and independent adjudicators.”

The Bench said: “Fair trial obviously would mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial calm. Fair trial means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial.”

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