NEW DELHI: The Delhi High Court refused to stay the trial in a case related to alleged tampering with the evidence of the 1997 Uphaar case in which real estate barons Sushil and Gopal Ansal were sentenced to two-year jail. Sushil Ansal had filed a petition to cross examine the investigating officer.
Justice Yogesh Khanna listed the matter for further hearing on September 14.
“I am not going to give any stay order on this,” the judge said, on the submission by Ansal’s counsel that the trial in the case is at its final stage before a court and it be stayed.
Senior advocate N Hariharan, representing Ansal, submitted that the trial court has disposed of his plea under Section 311 (power to summon material witness or examine a person present) of the CrPC and said he was seeking one more opportunity to cross examine the investigating officer.
The police opposed the plea saying trial is at its final stage as the prosecution and defence evidence has already been closed.
Senior advocate Dayan Krishnan, representing the police, contended that it is part of a game that when everything will be over, Sushil Ansal woke up and file an application.
“The trial is about to conclude, opening up the entire process at this stage will not be good. Completing the trial process is also important,” he said.
Like the lawyer for the police, senior advocate Vikas Pahwa, representing Association of Victims of Uphaar Tragedy (AVUT) chairperson Neelam Krishnamoorthy, also opposed the plea, saying a total of 43 witness have been examined in the case and majority of them were examined by Sushil Ansal’s previous counsel.