Court stays supply of Rakesh Bhatnagar's observation to accused

New Delhi, Mar 20 (UNI) Delhi High Court today stayed operation of the order passed by the Trial Court, directing the prosecution to furnish 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.

While staying the trial court's order of March 6, Justice S K Aggarwal said the accused were not entitled to be supplied with copies of case diary containing the gist of observation by Mr Bhatnagar, the husband of the killed Indian Express Journalist.

The 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 Bhatnagar's observations recorded by the investigating officer after the filing of the chargesheet.

Appearing for Delhi Police, Special Public Prosecutor S K Saxena said, ''The ASJ has committed a grave error in law by ignoring the statutory provisions of section 207 of the CrPC 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 Sharma in which he had sought copies of the observations on the ground that it contained certain incriminating material against several others allegedly involved in the murder.

Sharma, along with five others- Pradeep Sharma, Sri Bhagwan, Satya Prakash, Ved Prakash Sharma and Ved alias Kalu - are facing trial in the murder of journalist Shivani.

The journalist was found murdered at her East Delhi apartment on January 23, 1999.

UNI PAT RA DB1852