Justice for Prof Sabharwal

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

Thats 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.