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This is an archive article published on March 8, 2008

Prof Sabharwal murder case may shift to Nagpur

Acceding to a plea that the trial in the murder of professor H S Sabharwal, who was allegedly killed by ABVP leaders...

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Acceding to a plea that the trial in the murder of professor H S Sabharwal, who was allegedly killed by ABVP leaders, should be shifted out of Ujjain in Madhya Pradesh to a 8220;non-BJP-ruled state8221;, the Supreme Court on Friday indicated that it might be shifted to Nagpur in Maharashtra.

After hearing detailed arguments from both the sides 8212; the accused and professor8217;s family 8212; a Bench headed by Justice Arijit Pasayat said it would order the Sessions court of Nagpur to complete the trial within eight months after the parties arrived at a consensus on the new place for conducting the trial.

8220;We would pass the order saying that the matter be referred to the Session8217;s court of Nagpur which would decide which court would hear the matter,8221; said the Bench also comprising Justice P Sathasivam. 8220;We would also direct to complete the trial within eight months,8221; the court said.

Initiating the argument, counsel appearing for the family of the slain professor pleaded that the inquiry of the case be handed over to the CBI and the trial be shifted to Delhi. It was also contended that an independent public prosecutor be appointed to handle the case.

Senior advocate U U Lalit, appearing for one of the accused in the case, contended that Nagpur would be a better option as Maharashtra was a non-BJP ruled state and the city was close to Ujjain where the trial was being held earlier.

The court, however, said it would be open to the Sessions or District court of Nagpur to deal with the matter and the complainant and the professor8217;s family could give the name of Public Prosecutor to the judge hearing the case.

The Bench also made it clear that the order of the transfer of the case would not mean that it had gone into merit of the allegation made by the family of the slain professor. The court, on July 11 last, had stayed the trial of the case after allegation were made that the state Government was trying to save the accused.

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H S Sabharwal, a professor in an Ujjain college, had died on August 26, 2006 after he was attacked by a group of students who were 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.

 

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