The Delhi High Court on Monday stayed operation of an order passed by the trial court directing the prosecution to furnish to prime accused and suspended IPS officer R. K. Sharma copies of certain observations by Rakesh Bhatnagar recorded by the investigating officer in the Shivani Bhatnagar murder case, says a United News of India (UNI) report in the Hindu.
Details:
While staying the trial court’s order of March 6, Justice S. K. Aggarwal said the accused was not entitled to be supplied with copies of case diary containing the gist of observation by Mr. Bhatnagar, husband of the Indian Express journalist who was murdered in 1999.
The High Court also issued notices to Sharma and five other accused and posted the matter for further hearing on April 27.
The Delhi police had challenged the order passed by Additional Sessions Judge Rajendra Kumar directing the prosecution to furnish Mr. Rakesh Bhatnagar’s observations recorded by the investigating officer after the filing of the chargesheet.
Appearing for the Delhi police, Special Public Prosecutor S. K. Saxena said, “The Additional Sessions Judge has committed a grave error in law by ignoring the statutory provisions of Section 207 of the Criminal Penal Code which specifically says that only the copies of the statements recorded under Section 161 of CrPC are to be supplied and not the copy of any other statement recorded elsewhere.'’
The trial court had passed the order on an application by R. K. Sharma.
