Sheena Bora murder case: Bombay HC rejects Peter Mukerjea’s plea for police diaries
Peter’s lawyers had sought the police diaries of driver Shyamvar Rai’s Arms Act case for the purpose of cross-examining the two police officers.mumbai Updated: Jan 21, 2018 00:03 IST
The Bombay high court, on Friday, rejected a plea filed by former media baron Peter Mukerjea, seeking police diaries of the firearm case against driver Shyamvar Rai — the approver in the Sheena Bora murder case.
Justice Anuja Prabhudessai upheld the trial court’s order disallowing Mukerjea to access the police diaries, observing that it was “nothing but an attempt to make a roving scrutiny of the entries in the diaries and then decide the line of cross examination”. “The accused does not enjoy such privilege,” said the judge, adding, “Permitting the petitioner to inspect the diary in general will impair the working of the police.”
Peter’s lawyers had sought the police diaries of Rai’s Arms Act case for the purpose of cross-examining the two police officers – Ganesh Dalvi and Dinesh Kadam – in the Sheena Bora murder case. It was rejected by the trial court on September 20, 2017. His counsel, Shrikant Shivade had argued that the entries made by the police officers amounted to their previous statements in relation to the murder case and under the Criminal Procedure Code, accused in a murder case were entitled to use those entries for cross-examining police officers. Additional solicitor general Anil Singh had opposed the plea contending that the entries in police diaries cannot be equated with ‘previous statements.’
On August 21, 2015, sub-inspector Dalvi and inspector Kadam of the Khar police station had apprehended Rai under the Arms Act for carrying a pistol, three live cartridges and some other objectionable articles. The police claim Rai had then purportedly revealed that on April 24, 2012, he along with Indrani and her ex-husband Sanjeev Khanna, strangulated Indrani’s daughter Sheena Bora, and disposed her body the next day in Gadoge village in Raigad district. This led to the arrest of Indrani and Khanna.
Peter was added as an accused in the case after the Central Bureau of Investigation (CBI) took over the probe. Rai had sought to become an approver in the case and was allowed to do so.