On Monday, the CBI said that it was in thinking of moving the Supreme Court in the Sheena Bora murder case. This move would be challenging the Bombay High Court order which said that the policeman, who questioned accused-turned-approver Shyamvar Rai, was not an independent witness.
“We are yet to get the certified copy of the order from the Bombay High Court and we will decide whether to move the apex court,” said Kavita Patil, a special public prosecutor. Special Judge J C Jagale later adjourned the case till June 22.
Notably, on May 3, the Bombay HC had said that the police sub-inspector Ganesh Dalvi statement- giving details of disclosures made by Rai (on Sheena’s murder) during his interrogation in an arms case– cannot be admitted as evidence. Indrani and Peter Mukerjea had moved the high court challenging the evidential value of the deposition of the PSI who had quizzed Rai, Indrani’s former driver, after his arrest by the suburban Khar police in 2014. Rai was arrested for illegal possession of firearms.
However, the recording of Dalvi, as an evidence could not be completed as the defence raised an objection. Dalvi had arrested Rai in the arms case which exposed the murder case. However, the defence lawyers had objected to Dalvi’s deposition in the Sheena murder case.
Sheena Bora was killed on April 24, 2012, but the case came to light only in 2015 after Shyamvar Rai was arrested in the arms case.
The lawyers in defence moved the Bombay High Court which too ruled that deposition of Dalvi giving details of disclosures made by Rai during his interrogation about Sheena murder case cannot be admitted as evidence.
Patil told the court that the law point which “we are examining is that Dalvi arrested Rai in connection with the arms case and it was during that case when Rai revealed about the Sheena Bora murder”.
“However Rai when revealed about the murder, Sheena case was not even registered and hence it should be considered as only an information given by the accused,” Patil said.
All the three accused – Peter, Indrani and Sanjeev – are in judicial custody.