New Delhi, July 5 (IANS) The Delhi High Court Friday issued notice to former Haryana minister Gopal Goyal Kanda and his aid Aruna Chadha on a plea of police for expunging the trial court's adverse remarks for not probing the sexual exploitation angle in the former air hostess suicide case.
Justice G.P. Mittal sought response from both the accused - Kanda and Chadha, who are facing trial in the case by July 9.
Delhi Police moved the high court objecting to the trial court's remark dubbing the probe as "tainted and stinking". The trial court made the remarks in its May 10 order on framing of charges.
Additional Solicitor General (ASG) Siddharth Luthra, appearing for Delhi Police, sought the adverse observations be expunged, saying they were made without notice to investigators. He added that further investigation into the sexual exploitation aspect has not been stopped.
"The trial judge should have directed the prosecution for production of additional evidence in this regard if it found lack of evidence at this stage," he added.
The trial court does not have the jurisdiction to make such remarks and should have passed the order framing charges against the accused on the basis of the evidence placed on record, counsel submitted.
The air hostess was found hanging from the ceiling fan of a room at her house in north Delhi Aug 5 last year.
She left behind two suicide notes blaming Kanda and Chadha, who are now in judicial custody, but have denied any involvement in the suicide.
In their charge sheet, police had said that Kanda was obsessed with the air hostess and he and Chadha had unleashed a series of wilful and malicious acts of mental torture, threat, blackmail and stress on her, which led her to take the extreme step.
Kanda was arrested Aug 18, 2012, after he surrendered at north Delhi's Ashok Vihar police. Chadha was apprehended Aug 8, 2012. Police filed the charge sheet Oct 6, 2012.