New Delhi: A division bench of the Delhi High Court on Tuesday dismissed a plea by Manu Sharma, prime accused in the 1999 murder of model Jessica Lall, to recuse (to reject as disqualified to act) itself from hearing the case saying that the application was "stale and repetitive".
The division bench, comprising Justices RS Sodhi and PK Bhasin, hearing the Delhi Police appeal against the acquittal of all accused in the case in February 2006, said: "The application is stale, repetitive and there was no basis to recuse ourselves from hearing the appeal."
After the order, Manu Sharma's counsel Ram Jethmalani sought adjournment of the hearing till the next date and submitted that "I have to consider my position in the case".
However, the bench refused to adjourn the hearing till next Monday, saying that it would go on uninterrupted. It gave Jethmalani just one day till Wednesday to inform the court about his position.
Jethmalani had argued that the press was campaigning against his client Manu Sharma and had questioned the integrity of the judges.
The court also refused to initiate contempt proceedings against the editor of a national daily and its two reporters who wrote the story about Sodhi's refusal to hear Manu Sharma's bail application in 2002 because he had been approached by some persons.
The court lamented the report and advised the media to work within its limits.
After the decision was given, Jethmalani said he has not not yet decided whether to challenge it in the Supreme Court and also whether to appear at all on behalf or Manu or not not.
He said he would consider his position and inform the court, which would hear the appeal filed by the Delhi Police against Sharma's acquittal.
There has been criticism by rights groups and even Jethmalani's son over his taking up the brief for Sharma in the High Court but the lawyer had stood his ground saying he was only doing his professional duty.
(With agency inputs)
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