India News | Shraddha Walkar Murder Case: Saket Court Rejects Objection, Allows Aaftab Poonawala to Sit Next to Counsel During Trial
Get latest articles and stories on India at LatestLY. Saket Court on Wednesday rejected the protest marked by the Complainant's counsel over the sitting of Accused Aaftab Amin Poonawala adjacent to or next to the advocate's desk. During the recording of the prosecution evidence, Advocate Seema Samridhi Kushwaha raised the objection that Accused Poonawala was sitting next to the advocate's desk.
New Delhi [India], July 23 (ANI): Saket Court on Wednesday rejected the protest marked by the Complainant's counsel over the sitting of accused Aaftab Amin Poonawala adjacent to or next to the advocate's desk. During the recording of the prosecution evidence, Advocate Seema Samridhi Kushwaha raised the objection that the accused was sitting next to the advocate's desk.
The court said that the Apex Court has repeatedly held that neither can the accused be denied proper seating in the courtroom.
The court passed a detailed order rejecting the protest and noted that the said protest was rejected earlier also.
The court said that, "in our country there is a presumption of innocence and every accused has a right to a fair trial." The court also said the accused must be seated near his counsel for the ease of communication and for smooth functioning of the court.
Additional Sessions Judge (ASJ) Hargurvarinder Singh Jaggi said, "As a matter of abundant caution, for convenience and smoothconduct of the Court proceedings, the accused Aaftab Amin Poonawala was permitted to sit adjacent, right behind his counsel, Ms Megha Saroa."
"The Honorable High Court of Delhi, on 06.05.2009, introduced Rule 14 at the end of Chapter 1 Part A of the Delhi High Court Rules and Orders, Volume 3. The Rule 14 states that the Accused is to be permitted to sit during the trial," said ASJ Jaggi.
The court also said that the Court has also dealt on prior occasion that be it the accused, no matter how grievous and heinous the offence, he also has rights and the Apex Court has repeatedly held that neither the accused can be denied a proper seating in the courtroom, nor a treatment which may reek of disgust, vengeance.
The court also said that, "above all, the hallmarks of criminal jurisprudence of our country are the presumption of innocence, and an accused also has a right to a fair trial."
"The right to fair trial inherently includes the right and access to counsel. Article 22(1) of the Constitution of India, 1950 andmultifold legal provisions enshrined in the Code of Criminal Procedure, 1973 (CrPC), Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS), protect the accused's right to be defended by a legal practitioner of choice. This may at times require the accused sitting close enough to communicate to their counsel," said ASJ Jaggi.
During the recording of the evidence, Inspector Sandeep Kumar, advocate Seema Kushwaha, the counsel for the complainant, Shreejay Vikas Walker (brother of the deceased) lodged her protest that the accused Aaftab Amin Poonawala (Aaftab) will not sit adjacent or next to the Advocate's desk
The Court declined the unwarranted and unreasonable request by the learned counsel for the complainant.
The court has listed the matter for further examination and cross-examination on July 27. The court has called the investigation officer Ram Singh for recording of evidence on July 23.
Delhi police has moved an application seeking permission to record the evidence of witnesses through Video conferencing underElectronic Evidence and VC Rules 2025 of the High Court of Delhi.
These Witnesses are the Nodal Officer of WhatsApp and Meta Platform Inc., Adrian Silvera; the Nodal Officer of Google LLC, Shelby Smith; Nodal Officer of Google (Gmail), Arti Sheth; Nodal Officer of Bumble, Luke Mitsi. All these Witnesses are situated outside India.
At the request of counsel for accsued, the court granted two days to file a reply on the application. This application will be heard on July 24.
Saket Court is recording Prosecution evidence on a day-to-day basis. (ANI)
(The above story is verified and authored by ANI staff, ANI is South Asia's leading multimedia news agency with over 100 bureaus in India, South Asia and across the globe. ANI brings the latest news on Politics and Current Affairs in India & around the World, Sports, Health, Fitness, Entertainment, & News. The views appearing in the above post do not reflect the opinions of LatestLY)