The Supreme Court on Monday declined to entertain a petition filed by Himanshu Sabharwal challenging the acquittal of six ABVP activists accused in the case of murder of his father Professor H.S. Sabharwal in Madhya Pradesh in 2006.
A Bench of Justices P. Sathasivam and H.L. Dattu asked him to prefer an appeal in the High Court against the July 13, 2009 acquittal.
Professor Sabharwal, head of the Political Science Department of Madhav College, Ujjain, was beaten up allegedly by ABVP activists and he succumbed to his injuries in August 2006.
Senior counsel K.T.S. Tulsi, appearing for the petitioner, submitted that the Supreme Court should entertain the petition directly as the accused were powerful and the State police would destroy evidence. He pointed out that in the Zaheera Sheikh case in Gujarat, the Supreme Court had directly intervened and monitored the case.
Justice Sathasivam told Mr. Tulsi: “We are not undermining your grievances. We are sympathising with you. You are free to urge all these points before the High Court. As per the procedure, the order of the sessions court should be challenged in the High Court and only thereafter can you come to this court.”
