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“The State has a definite role to play in protecting the witnesses, to start with at least in sensitive cases involving those in power, who has political patronage and could wield muscle and money power, to avert a trial getting tainted and derailed and truth becoming a casualty,” the apex court observed.
A Bench headed by Justice Arijit Pasayat also directed that the Public Prosecutor be changed in the case.
The Bench passed the order on a petition filed by the slain professor’s family alleging that free and fair trial was not possible in Madhya Pradesh as the accused belonged to the ABVP the student wing of the ruling BJP.
However, the Bench also made it clear that the order of the transfer of the case would not mean that it had gone into the merits of the allegation made by the family of the slain professor.
Harbhajan Singh Sabharwal, a professor in Ujjain college, had died on August 26, 2006, after he was allegedly attacked by ABVP leaders protesting against the cancellation of election in the university.
The Professor had declared the student election null and void. Protesting his decision, some students of Madhav College had attacked him leading to his death.
The Bench while reserving its judgement on March seven had indicated that it would direct the Sessions Court of Nagpur to complete the trial within eight months.
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