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Kodnani counsel accuses Express of ‘media trial’

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Syed Khalique Ahmed

Posted: Mar 10, 2009 at 0131 hrs IST

Ahmedabad Judge is also a human being, may get influenced, says lawyer-legislator Yatin Oza

Senior advocate and former BJP legislator Yatin Oza has alleged The Indian Express of conducting a ‘media trial’ of state minister Maya Kodnani in the Naroda Patia and Naroda Gam riots cases. He told the Gujarat High Court that the news items could potentially influence the judiciary against the minister.

Oza was arguing for Kodnani following a plea by the Supreme Court-appointed Special Investigation Team’s (SIT) to cancel her anticipatory bail.

As soon as the court of Justice D H Waghela got ready to hear the final arguments on the plea, Oza pointed out at the ‘media trial’ of the minister.

He said: “The judge is also a human being,” while demanding an adjournment of the final hearing.

Oza’s co-defence counsel in the case, S V Raju, argued before the court that “a deliberate attempt was being made by The Indian Express to publish statements of certain persons at the behest of the rival party.”

He was referring to an expose that The Indian Express had carried on Monday, highlighting a key witness in the Naroda Patia massacre who has alleged that Kodnani's supporters had attempted to bribe him to withdraw his charges against her.

The judge, however, dismissed their contentions as “absurd” and asserted “we don’t consider here what appears in the media…the court is not influenced by what appears in the media”.

After the arguments in the case by the special public prosecutor, Raju once again raised the issue. But Justice Waghela told the defendants not to worry about it. “Why do you worry about what appears about the case in the media?” the judge asked the advocates.

“Trial by the court is based only on evidence,” Justice Waghela added.

Kodnani's lawyers had cited this alleged ‘media trial’ by The Indian Express as one of the grounds for seeking adjournment of the final argument in the case. The other two grounds Oza raised were: the illness of his daughter and the time needed to study the SIT chargesheet involving the minister.

Justice Waghela, however, refused to grant any adjournments.

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Yatin Trying to influence court by Ramanna on 10 Mar 2009

This is absurd. In fact, by pointing the IE note, yatim is trying to influence the court. Excellant idea, bloody.

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