Justice Denied

Let-off in professor murder
- Jessica parallel despite trial held outside MP
OUR BUREAU

July 13: A Nagpur court today regretfully acquitted six ABVP students accused of beating a professor to death in BJP-ruled Madhya Pradesh, after dozens of witnesses turned hostile in a case carrying echoes of the Jessica Lal murder trial.

The Supreme Court had transferred the H.S. Sabharwal murder case to Maharashtra amid fears about a fair trial in Madhya Pradesh since the accused were from the BJP student wing.

Scores of people — students, teachers, staff and police — were on the campus of Madhav College in Ujjain when Sabharwal was attacked during the August 2006 student polls, and the accused were filmed threatening the professor. Yet none of the 69 prosecution witnesses acknowledged seeing anything.

Sessions judge Nitin Dalvi said the prosecution had “miserably failed” in its job and added he regretted being unable to bring justice to the victim and his family.

Maharashtra special prosecutor Praful Shandilya said that when Madhya Pradesh police sent him the TV footage of the incident, “the crucial footage was edited out of all the CDs”.

“All eyewitnesses, including three police personnel (posted for the college polls), turned hostile…. They could have been under pressure, I don’t know,” he said, adding he would appeal in the high court.

Shandilya said 92 teachers of Madhav College had initially issued a joint statement saying they were eyewitnesses to the killing, but some changed their minds when police recorded their statement.

Sources said some of the teachers may have feared a backlash, adding it was a reflection of the deep roots politics has struck in academia.

Sabharwal’s death has become a reference point on campus violence, and the Centre had cited it in the Supreme Court while arguing for the J.M. Lyngdoh Committee’s recommendations on curbing money and muscle power in student elections. The court too had expressed anguish while approving the recommendations.

Today’s acquittals mirror the verdict of a Delhi court that had cleared a politician’s son, Manu Sharma, in the 1999 murder of model Jessica Lal at a crowded party. Nineteen witnesses had turned hostile and scores of socialite eyewitnesses chosen silence, but an uproar prompted Delhi High Court to fast-track the hearing of the appeal, leading to a conviction and a life term.

Madhya Pradesh chief minister Shivraj Singh Chauhan, who had termed Sabharwal’s death a haadsa (accident), “welcomed” the acquittals saying the verdict had vindicated him.

Sabharwal’s son Himanshu said his worst fears about possible machinations by the Chauhan government had come true. “The judge made an important note saying he was aware that the accused might be guilty,” he claimed.

Defence counsel Pushpendra Kaurav said the prosecution had failed to prove his clients were present during the incident, or that they had any possible motive. Sabharwal was attacked after, as election supervisor, he had cancelled the polls following complaints of irregularities.

The most stunning U-turn in the case came from college peon Komal Singh Senger who had, days after the attack, told the media that ABVP state chief Shashi Ranjan Akela had incited the attackers.

Weeks later, he sobbed before cameras saying he had received threat calls asking him to retract. Months on, he told the original trial court in Ujjain that the main accused, Akela and ABVP general secretary Vimal Tomar, were not among the attackers.

Komal said Sabharwal was attacked before the police, Rapid Action Force, three town inspectors, a city superintendent and a magistrate. Apart from Akela and Tomar, the acquitted accused are Sudheer Yadav, Hemant Dubey, Vishal Rajauria and Pankaj Mishra.

When it comes to corruption, all parties are the same.
Here we have the BJP who have made a mockery of justice by turning all hostile by either inducements or threats.
The judge, although he knew justice was not being done had to deliver the verdict based on the evidence provided to him.
This is one of the reasons which gives birth to Maoism.
When people lose faith in the system, they take up up.
Unfortunately, it is the policemen who are killed since they are paid to protect the politician.
Oh! How I wish the politicians were killed instead.

Radheshyam