Tandoor case trial stayed

By Our Staff Reporter

NEW DELHI, AUG. 29.

A Delhi court today stayed the trial in the sensational Naina Sahni tandoor murder case till September 4 on a request of the amicus curae for the prime accused, Sushil Sharma.

Sushil Sharma, husband of Naina Sahni, is facing trial for allegedly killing his wife in his rented house at Gole Market in New Delhi and later trying to dispose of the body in Bagiya Restaurant at Ashok Yatri Niwas Hotel.

The amicus curae, Mr. K.K. Sud, urged the court to postpone the trial for a few days to enable him to move the Delhi High Court seeking direction to the lower court that the case be heard by the earlier judge only.

The Additional Sessions Judge, Mr. V.K. Jain, allowed his plea and posted the case for September 4.

The District Judge, Mr. M.A. Khan, had on Monday dismissed Mr. Sud's application for reverting back the case to the old judge on the ground that he was not empowered to take up the matter for hearing.

After a major reshuffle in the lower judiciary earlier this month, the case has been transferred to the court of the Mr. Jain.

Earlier, it was being heard by the Additional Sessions Judge, Mr. G.P. Thareja, who has been transferred to the Tis Hazari courts as Additional District Judge.

Mr. Sud is taking the plea that Mr. Thareja would be the appropriate judge to appreciate evidence of the witnesses as he had observed their demeanour or misdemeanour during their examination in the court.

So far evidence of 86 prosecution witnesses had been recorded in the case. The evidence recording procedure is at the fag end as now only formal witnesses are to be examined. At the time of the transfer of the judge, statement of the investigating officer was being recorded.

At this stage the new judge would not be able to appreciate the evidence on record. Hence, there was an apprehension of the same being prejudiced, Mr. Sud said.

The trial has been in news on several occasions. Though the Supreme Court has directed the trial court to try the case on a day-to-day basis, it has not been expeditious for various reasons.

The preceding judge had to pass orders several times seeking the co-operation of the prosecution as well as the amicus curae for a speedy trial.

At one time, one of the prosecution witnesses had to make an appeal to the trial court for an early completion of the recording of his statement as the same had been dragging on for several months.

Last month, the Special Public Prosecutor moved an application under Section 311 of the Criminal Procedure Code for summoning Prof. G.V. Rao of the CCMB, Hyderabad, as it was he who has conducted the DNA of the exhibits of the case.

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