NEW DELHI
Event Context
A Delhi court on Wednesday declined a request opposing the seating of Aftab Poonawala, the accused in the murder of Shraddha Walkar, near the advocate’s desk during the trial, observing that neither can an accused be denied proper seating in the courtroom nor a treatment which may reek of disgust and vengeance.
Additional sessions judge Hargurvarinder Singh Jaggi of Saket courts passed the order in response to a plea made by advocate Seema Khushwaha, representing Walkar’s brother, while the prosecution evidence of a witness was being recorded.
The prosecution’s case has relied on both circumstantial and corroborative evidence, such as the recovery of bones, a bunch of hair, the jaw of the deceased, apart from blood traces around the Chattarpur house and testimonies of witnesses who corroborated the sequence of events leading to the murder.
Team Analysis
During the proceedings, the counsel lodged her protest that Poonawala should not sit adjacent to or next to the advocate’s desk. The court noted that it had often permitted Poonawala to sit closely with his police escort, behind or in close proximity to the defence counsel for “ease of communication”, which was in the vicinity of the advocate’s desk.
The court said, “The court on prior occasion declined the similar request by the counsel as it was observed that if Aftab Amin Poonawala, is made to sit in one corner, particularly during recording of the testimony of prosecution witnesses, the defence counsel has to traverse back and forth in the courtroom from Advocate’s desk to the confined corner of the courtroom”.
The court said that hence, as a matter of abundant caution and for smooth conduct of proceedings, Poonawala was permitted to sit adjacent, right behind his counsel.
No matter how grave the offence was, the court observed, the accused also had rights. “…the Apex Court has repeatedly held that neither accused can be denied a proper seating in the courtroom, nor a treatment which may reek of disgust, vengeance,” the court said.
The court reiterated that an accused had a right to a fair trial, which inherently included the right to access a legal practitioner of one’s choice, which may, at times, require such seating. “In view of the above observations, this court declines the unwarranted and unreasonable request by the learned counsel for the complainant,” the court stated.
On May 18, 2022, Aftab Amin Poonawala, 28, allegedly strangled his live-in partner Shraddha Vikas Walkar in a fit of rage over an argument and purportedly chopped her body into pieces. Police claimed Poonawala stored the body parts in the fridge of his house in Chattarpur Pahari and purportedly disposed of them at a nearby forest over the span of several days.
Police filed a charge sheet in January 2023, charging Poonawala under the penal sections of murder, abduction and destruction of evidence, claiming that he killed and dismembered Walkar’s body using a knife, scissors and saw. The charge sheet held that Poonawala was enraged over the fact that Walkar was talking to a person she had met through a dating app.
In May 2023, a Delhi court framed charges against Poonawala, holding that the prosecution had placed on record sufficient material against him. After Poonawala pleaded not guilty, the trial was set in motion.
The case is currently pending trial at a fast-track court, with the prosecution witnesses yet to be examined.
