HT This Day : October 22, 1959 – Nanavati held not guilty by jury

Judge Refers ‘Preverse Verdict’ to High Court

Bombay- Commander K. M. Nanavati was today held not guilty of murdering Prem Ahuja by a majority vote of the jury.

HT THis Day

But the Sessions Judge, Mr R. B. Mehta, disagreed with the verdict and announced that he was referring the case to the Bombay High Court "in the interests of justice."

The nine-member jury gave a verdict of not guilty by eight to one on both the charges of murder and culpable homicide not amounting to murder.

The judge termed the verdict “totally perverse."

Pending the disposal of the reference by the High Court, Cmdr. Nanavati will continue in Naval custody.

There was wild cheering and clapping when the jury emerged after a 135-minute session and declared its verdict.

The judge ordered that the court room be cleared of the public immediately. He said their behaviour was "most disgraceful and nauseating."

A large crowd had also collected outside the court when it was known that the jury had retired at 4-40 p.m. after a seven-hour summing up by the judge.

Steel-helmeted policemen were posted on the approach roads to the sessions court building to control the crowds. A number of policemen in plain clothes were in the court room.

Immediately after the jury returned the verdict, the Judge said that he was going to refer the case to the High Court.

Mr Karl Khandalavala, defence counsel, wanted to speak on the question of reference, but the Judge remarked that he had already heard the counsel for four 'days and did not want to hear anything further on the question of reference. "It is my view that the verdict is not reasonable." he said.

The Chief Public Prosecutor, Mr C. M. Trivedi, said the verdict was "patently perverse and would vitiate the rule of law for ever."

Mr Trivedi then requested the court to order that the accused be kept in police custody instead of naval custody.

Mr Khandalavala said that the prosecutor's application would mean "persecution" and not "prosecution ". At this stage there was an exchange of words between counsel and the Judge remarked that he was surprised at the way in which things were going on in the trial.

"We are supposed to be under the rule of law" he said. There-upon counsel apologized.

Mr Khandalavala, referring to the scenes in court, said that the accused should not be held responsible for what had happened. How could he be penalized for the actions of the crowd, he asked.

Mr Khandalavala said that there was no question of the accused running away or absconding if he was kept in naval custody. Only points of law would be raised in the High Court and there was no question of evidence. The trial was at an end.

The Judge said that up to the last day he had not interfered on the question of the accused's custody and he did not think it necessary to interfere now.

Mr Trivedi: We feel very strongly that naval custody has been abused in this case. We did not apply for police custody because we wanted to be graceful.

The Judge said that if there was an abuse Mr Trivedi could apply to the court for cancellation of naval custody.

The Judge then referred to the wild scenes and said: "I feel our whole law and Constitution are on trial if we are going to behave in this way."

Addressing Cmdr. Nanavati the Judge said: "The jury have found you not guilty. I am unable to agree with the verdict as in my view it is perverse. I discharge the jury and under Section 307 CrPC, I submit the case to the High Court in the interest of Justice.”-PTI