New Delhi, February 26
The elevation of Delhi Additional Sessions Judge S.L. Bhayana, who acquitted all nine accused in Jessica Lall murder case, to the Delhi High Court touched off a controversy with a Supreme Court lawyer today demanding that his promotion be put on hold till the High Court adjudicates upon the verdict.
In a letter to the President, Mr Ashok Arora, a former secretary of the Supreme Court Bar Association, said, “My only request is that the elevation of Mr.Bhayana may be kept on hold till the Hon’ble High court adjudicates his judgement”.
Referring to the cognizance taken by Justice Vijender Jain and Justice Rekha Sharma of the Delhi High court wherein the city Police Chief K.K. Paul was asked to furnish details of the case before it, Mr Arora requested personal hearing from the President over the issue.
Bhayana’s name figured in the list of five judges of the Delhi Higher Judicial Service (DHJS) cleared by President A.P.J Abdul Kalam for appointment as Additional Judges of the Delhi High Court, sources said.
Meanwhile, though legal luminaries are divided over the retrial of nine persons accused in the Jessica Lall murder case on the lines of the Best Bakery case, the public outrage is building
up
across the country.A public petition of over one lakh persons will be presented to President A.P.J. Abdul Kalam seeking directions to the government to take up the case as all accused persons, including Manu Sharma, son of Haryana minister Vinod Sharma, have been acquitted due to “lack of adequate evidence.”
Students of Delhi University, Human Rights’ associations, national newspapers and TV channels are running a campaign through SMS messages demanding re-opening of the case.
The NDTV campaign to petition President APJ Abdul Kalam for reopening the case is also gathering momentum.
Over one lakh messages have been received from concerned citizens all over the country.
In a show of solidarity, Delhi residents came together at the Tamarind Court restaurant, where Jessica was shot dead on April 29, 1999.
People lit candles to express their support for the victim.
The Delhi High Court has already taken suo moto cognizance of the issue and sought a detailed report on the case from Police Commissioner K.K. Paul. Succumbing to mounting pressure, the Delhi Police has transferred the then investigating officer Surinder Kumar Sharma.
The police officer was transferred from the post of the Station House Officer of Hauz Khas police station to the security wing of the Delhi Police. Most people view the judgement as a travesty of justice.
“He shot her in the presence of a large number of witnesses but no one has come forward. It is very important that witnesses are protected, and justice is not so delayed that it is denied”, they feel.
Questions are being raised over the safety of eyewitnesses, who dare to speak out in their effort to ensure justice.
The judgement has also initiated a debate in the legal circles with former Chief Justice of India, Justice V.N. Khare demanding reinvestigations in the case.
“Why was nothing done when it had become clear in the very beginning that tampering had taken place,” demanded Justice Khare while speaking on a TV channel.
The loopholes in the investigation, allege SMS messages, allowed the defence to successfully argue that the police had decided that Manu Sharma was guilty on the morning after the murder, even before analysing evidence or recording statements.
“The prosecution always knew that the witnesses will fall through, but they did not build the case properly,” said Sabrina Lall, Jessica’s sister.
