http://www.petitiononline.com/Jprof123/petition.html
To: Chief Justice of India Supreme Court New Delhi India Sub: Acquittal of the Accused in Prof. Sabharwal Murder Case and Visible Miscarriage of Justice: Remedial Measures Respected Sir, You may kindly recall that Prof HS Sabharwal (59), head of the department of Political Science at Madhav College in Ujjain of Madhya Pradesh, was brutally attacked by a mob of 25-30, students on August 26 2006 within the college premises when he was on his way out after the student council elections were pronounced cancelled by the teachers council. He succumbed to his injuries of three broken ribs puncturing his lung and was declared brought dead to the hospital. All these men who had attacked Prof. Sabharwal all belong to the student organisation affiliated to the then, and also current, party in power. Given the close relationships between the leaders of the state government and the accused, in apprehension of miscarriage of justice, the son of the Late Professor had approached the Supreme Court of India with the dual prayer for transferring the trial of the case outside of Madhya Pradesh and investigation by the CBI, a central agency.The highest court, in its wisdom, while granted the first prayer did not act on the second. Despite extensive and vivid footages of the murderous attacks on Prof. Sabharwal having been available, and also repeatedly televised, the trial court has on July 13 last acquitted all the six accused facing trial for “lack of evidence” saying the prosecution "failed miserably” to prove their presence on the campus. The Additional District and Sessions Judge Nitin Dalvi, who has pronounced the order after the case was tried by Justice B A Sheikh after the Supreme Court had ordered transfer of trial to Nagpur, Maharshtra from the BJP-ruled Madhya Pradesh, has further observed that he regretted that Professor Sabharwal could not get justice. It sounds all the more tragic and ironical in view of the fact that Prof Sabharwal had suffered three broken ribs puncturing his lung, which by all appearance was the cause of his death. And yet the culprits go scot free. The raucous celebrations and the Chief Minister openly welcoming the order saying that it has only 'vindicated his earlier stand of calling it an accident" on acquittal have also been widely televised and reported. The state is also not going in appeal in the High Court. While the son of the slain Professor is planning to move the High Court for revision, an independent reinvestigation in the case, on the lines of SIT investigations in selected cases of post-Godhra violence in Gujarat at the instance of the Supreme Court, is what is immediately called for to uphold the cause of justice. We, the undersigned, hence earnestly urge you to kindly look into the matter There should also be adequate provisions for witness protection. The 3 policemen who have retracted their statements should be tried for perjury. Also the prosecutor in the case must enjoy the confidence of the kin of the slain Professor That’s what is absolutely necessary to uphold the cause of justice in the instant case. And this being a case where there is a demonstrative misuse of “power”, upholding of justice in this case is extremely crucial for preserving the high credibility of the judicial system in India, further reinforced by some recent instances of interventions by the Supreme Court - involving the murders of Priyadarshini Mattoo, Jessica Lal and Nitish Katara, for example, where the accused were visibly manipulating and subverting the process of justice from the vantage positions of power. Sincerely, The Undersigned <http://www.petitiononline.com/mod_perl/signed.cgi?Jprof123> --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "humanrights movement" group. To post to this group, send email to humanrights-movement@googlegroups.com To unsubscribe from this group, send email to humanrights-movement+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/humanrights-movement?hl=en -~----------~----~----~----~------~----~------~--~---