Pub­lic pros­e­cu­tor Dayan fought Katara case

DNA Sunday (Mumbai) - - FRONT PAGE - Rakesh Bhat­na­gar NEW DELHI

Cur­rently at the bed­side of his ail­ing fa­ther in Ooty in Tamil Nadu, Supreme Court lawyer Dayan Krishnan, who has been ap­pointed as the spe­cial pub­lic pros­e­cu­tor ( SPP) in the das­tardly rape and mur­der case of a 23- year- old woman in Delhi, mainly rep­re­sents the Cen­tral Bureau of In­ves­ti­ga­tion ( CBI) and the Na­tional In­tel­li­gence Agency ( NIA).

He had pros­e­cuted the highly in­flu­en­tial ac­cused in the Ni­tish Katara mur­der case and also op­posed the bail plea by former Haryana chief min­is­ter Om Prakash Chau­tala in the cor­rup­tion case.

“I can’t talk now as the doc­tors have come to see my fa­ther. He is very ill. I’ll be back on Mon­day,” Dayan hur­riedly told DNA.

Though Dayan’s col­leagues at the bar dif­fer on his ca­pac­ity to deal with a case of medico’s rape and mur­der, there’s lit­tle doubt in their mind of his ap­proach.

He had as­sisted former so­lic­i­tor gen­eral Gopal Subra­ma­nian in the 2001 Par­lia­ment House at­tack case and also ap­peared for the CBI in cer­tain tele­com scam cases though they are be­ing dealt by UU Lalit, who had also ap­peared for ac­tor Sal­man Khan be­fore a court in Ra­jasthan that granted bail to the in­car­cer­ated Bol­ly­wood star.

The po­lice have slapped mur­der charges as well as sec­tions 201 ( de­struc­tion of ev­i­dence), 365 ( kid­nap­ping or ab­duct­ing), 376 ( 2)( g) ( gang rape), 377 ( un­nat­u­ral of­fences), 394 ( hurt­ing in com­mit­ting rob­bery) and 34 ( com­mon in­ten­tion) and at­tempt to mur­der against the six ac­cused in­clud­ing a ju­ve­nile who is a lit­tle short of 18 years in age.

The core job for Dayan would be to shake the con­scious of the court to make it re­alise that the ju­ve­nile ac­cused in fact had com­mit­ted the gravest of grave of­fence in a most das­tardly man­ner and that the ex­tra or­di­nary sit­u­a­tions, such as this, re­quire ex­tra­or­di­nary mea­sures to bring home the fact that more than age, the in­no­cence or lack of it of an ac­cused must be con­sid­ered while award­ing ex­em­plary pun­ish­ment to him.

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