BY- BRAJ KISHORE MISHRA
The Delhi High Court recently refused to stay the trial in a case relating to alleged tampering with the available evidence of the 1997 Uphaar tragedy case in which real estate businessman Sushil and Gopal Ansal were convicted and were sentenced to two years jail by the Supreme Court of India.
Responding to the plea filed by Sushil Ansal requesting the High Court to allow cross-examination of the investigation officer regarding the association with the evidence tampering case on the ground of changing counsel who was representing him earlier.
Justice Yogesh Khanna, in response to the submission made by the team of counsel for the parties, provides the next hearing date on September 14th. The counsel representing SushilAnsal requested the High Court that, “The trial is almost in the final stage in a district court and it is sufficient ground to stay.”
In response to the arguments tendered by the counsel of SushilAnsal, the judge said, “There is no need and no ground for granting stay order on this issue.” Sushil Ansal was represented by the senior advocate N Hariharan, who submitted in front of the High Court that the plea was disposed by the trial court under section 311 of the Code of Criminal Procedure and replied that he was seeking one more chance for the cross-examination of the investigating officer.
Delhi Police was represented by the Senior advocate Dayan Krishnan, who opposed the plea and contended that the trial is at its last stage as the lower court is currently hearing the final arguments on the behalf of accused. Senior advocate Dayan Krishnan on behalf of Delhi Police said that it is part of a planned program where, when everything will be over, then Mr. Ansal will wake up and file an application.