Shivani Bhatnagar case: HC turns to trial court

New Delhi, May 23: The Delhi High Court today observed the trial court should conclude the nature of statements made by Rakesh Bhatnagar, husband of Shivani, the murdered Indian Express journalist.

The prime accused in the controversial murder case, former IG R K Sharma has moved the High Court to allow access to the statements made by Rakesh Bhatnagar.

Both the defence and prosecution disagreed on the definition of statement and observations made in a case diary.

Public prosecutor S K Saxena submitted that the IO (Investigation Officer) had categorically described the contents of the case diary as his observations on the strength of the interrogations and cross-examinations of R K Bhatnagar. Therefore, the accused is not entitled access to the case diary, he added.

Citing the Supreme Court case, the defence team, however, submitted that they should be allowed access to the contents because RK Bhatnagar's statements constituted the contents of the case diary.

The accused has long been in custody. The contents can seriously affect his conviction, they argued.

The court also agreed that the law permitted the accused an access to the statements in the case diary. However, it observed that it should be left to trial court to read the contents of the case diary and decide its nature.

If it were found out to be mere statements, only then the accused would be allowed access not otherwise, the court said.

UNI