The Delhi High Court in the case Joshini Tuli v. State of (NCT) of Delhi & Ors observed in a public interest litigation filled by the lawyer, wherein seeking transfer of probe in the Shraddha Walkar murder case to the Central Bureau of Investigation from the Delhi Police.
It has been stated in the PIL by Advocate Joshini Tuli that the Delhi Police have revealed “each and every detail” regarding their investigation to the public and the media which is not permitted in law.
Further, the petition added that the presence of public and media at place of recoveries and the hearings of the court amounts to “interference with the evidence and the witnesses.
It has been argued in the plea that the abovementioned incident of murder is alleged for having been taken place in Delhi and thereafter the body parts have been alleged to have disposed of at different places, thus the investigation of P.S. Mehrauli cannot efficiently be carried out due to staff paucity/administrative as well as lack of sufficient technical and scientific equipment to find out the evidence and the witnesses as the incident had taken place about 6 months back in the month of May, 2022.
The court observed that this is the case of horrific murder which came to light when Shraddha’s father on September 15 filed a missing complaint. Thus, a Fir was then registered under Section 365 of Indian Penal Code, 1860 on October 11 against the victim’s live-in-partner Aftab Amin Poonawala.
Further, the court observed that Aftab’s alleged disclosure statement and the other offences under Section 302 and Section 201 of the Indian Penal Code were added to the FIR alleged.
In the matter, the accused, Aaftab strangling Shraddha to death and allegedly chopping her body into multiple pieces before dumping them.
It is added in the petition filled that Aftab could not be produced physically on the said date before court due to the high sensitivity of the matter and also because of the fear of the different religious groups who might injured and attacked him.
Further, the petition added that it is pertinent to mention here that the Court of the Ld. MM on November 17, 2022, when the Accused was produced and was chock a block with Media persons leaving no space for even the lawyers to step foot in the concerned court room.
