Sharma files protest petition

Today, in a protest petition filed before UT Judicial Magistrate Ist Class Tejwinder Singh, Sharma stated through his counsel that the filing of the challan against the Mayor, besides the co-accused, by the police, indicated the existence of sufficient evidence on the record.

The challan, he added, had been forwarded by the same assistant district attorney who has now moved the application for withdrawing the case.

Refuting the prosecution8217;s claim regarding no overt act being attributed to Gupta, he added that the statement of the witnesses recorded by the police during investigations was contrary to the State8217;s contention.

A perusal of the statements indicated that Sharma, quot;a highly placed public servant in the Chandigarh Administrationquot;, was assaulted on the instigation of Gupta and other co-accused, the counsel alleged.

Executive Engineer Harsh Kumar had also stated that Gupta and other party workers had challenged the Municipal Corporation officials against the removal of lights installed quot;without authorisationquot; to welcome the then BJP president L.K. Advani, the counsel further added.

The court, while disposing the remand application of co-accused Kuldeep Luthra, Rajnish Bhardwaj and Sashi Shankar on July 16 last year, had also observed that, as per the prosecution, the accused had committed offences punishable under Sections 323, 332, 353, 379, 147 and 149 of the IPC, the counsel added.

Terming the move as quot;misuse of the process of lawquot;, the counsel added quot;such an unwarranted design of the prosecution cannot be allowed under the law.quot; The case will now come up for the prosecution8217;s reply on November 28.

It may be recalled that the Mayor, along with four others, were booked by the Chandigarh Police on July 8, 1997 for rioting, assaulting a public servant to deter him from performing his duty, besides theft, on Sharma8217;s complaint.

In his complaint before the police, Sharma had alleged to have been assaulted by the accused in the presence of senior administration officials while on duty at the Manimajra Housing Board Chowk in connection with the arrival of the rath yatra of BJP president L.K. Advani.

Sharma had further alleged that the attack had followed his appeal to the BJP workers to remove additional lights installed at the chowk. The lights had been put up without prior permission, he had added. A medical report showing injury marks on Sharma8217;s body was later enclosed with the challan submitted against the accused.