HC comes to rescue of trial judge accused of "unfairness"
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Last Updated: Monday, July 20, 2009, 22:42
New Delhi: The Delhi High Court on Monday came to rescue of the trial court judge who was accused by Sanjeev Nanda of judicial unfairness during the trial in BMW hit-and-run case.

Nanda, sentenced to five years in jail by the trial court in September last year, had alleged his trial stood "vitiated" as it was marred with "judicial unfairness" as the sessions judge suffered "personal prejudice" against him.

"I do not find that the learned trial court exceeded or over-reached the parameters in making certain observations in the order under challenge," Justice Kailash Gambhir said.

Senior advocate Ram Jethmalani had accused the trial court judge of giving a "private hearing" to Sunil Kulkarni, a controversial eye-witness, during the recording of his testimony.

It was also alleged that a reference of the sting operation was made to the High Court without affording an opportunity to Nanda.

"Role of a judge in dispensation of justice after ascertaining the true facts no doubt is a very difficult one...A judge cannot keep himself unconcerned and oblivious to various happenings taking place during the progress of trial of any case," the court said.

Endorsing the reference of the sting operation -- telecast during the trial -- Justice Gambhir said the trial court could not have remained oblivious of it, exposing the "unholy nexus" between the defence and the prosecution.

"Merely because a judge actively participates in the proceedings would not mean that he is not neutral and has deviated from the path of truth," the court said.

Bureau Report

First Published: Monday, July 20, 2009, 22:42

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