http://www.asiamedia.ucla.edu/article-southasia.asp?parentid=95587

INDIA: SC not moved by Vikas' 'media glare' plea
Murder convict Vikas Yadav requested his conviction appeal be moved
from Delhi High Court to avoid negative publicity

The Times of India
Tuesday, August 5, 2008

NEW DELHI --- Nitish Katara murder convict Vikas Yadav on Monday
pleaded before the Supreme Court for transfer of his appeal against
conviction from Delhi High Court to Allahabad HC on the ground that
his petition, if heard in the Capital, would attract adverse
publicity, prejudicing the case.

The "media glare" argument did not impress a Bench comprising Justices
Dalveer Bhandari and H S Bedi, which found it to be rather amusing.
How could there be media glare in Delhi and not in Allahabad, it asked
his counsel, senior advocate Mukul Rohtagi, and decided to hear the
appeal on the legal question -- which HC should have jurisdiction over
the appeal.

Not abandoning the "media trial" plea, Rohtagi even referred to the
Aarushi murder case and narrated how Dr Rajesh Talwar was declared
"guilty" by the media till he got a clean chit from CBI. He said Vikas
has also suffered because of adverse publicity.

"This case generates a lot of interest in the Capital where TV
channels have maximum presence. Similar media interest would not be
there in Jodhpur or Jaipur," he said.

Arguing that a change of HC would not lessen the media glare on the
case, the Bench said, "No, we do not believe it. Salman Khan allegedly
shot a black buck in Jodhpur and it was all over the media."

Appearing for Nitish's mother Neelam Katara, advocate Kamini Jaiswal
said the issue of jurisdiction of HC was settled long back, the moment
the trial of the case was transferred from Ghaziabad to Delhi.

In the absence of any direct judgment to settle the issue, the apex
court decided to take assistance of an additional solicitor general to
decide which HC would have the jurisdiction to hear the appeal -- the
Delhi HC or the Allahabad HC.

The case was transferred to Delhi from Ghaziabad after Nitish's mother
complained before the SC that the accused and his politician father D
P Yadav were trying to influence the witnesses. A Patiala House court
convicted Vikas and sentenced him to life imprisonment holding him
guilty for Nitish's murder.

Date Posted: 8/5/2008

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