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
