Tuesday, December 25, 2007

Prof case: Why witness backed out

It's a murder that took place in front of hundreds of people. Yet no one really "saw" Prof Sabharwal being killed.

Madhya Pradesh Chief Minister Shivraj Chauhan called Prof Sabharwal's murder an accident, ostensibly to shield the leaders of Akhil Bharatiya Vidyarthi Parishad. He also claimed that no FIR was lodged in the case.

But Komal Singh Sengar, a peon at Madhav College where Prof Sabharwal used to teach, claims he did file a complaint with the police the same evening Prof Sabharwal was killed. Komal is now a witness in the case.

"Between 2.00 and 2.50 pm, Prof Sabharwal left for his house from Gate No 2. He was pushed off his scooter and assaulted. I carried him back into the college campus. He was almost unconscious..." This is how Komal Singh gave his account of the incident. Komal Singh's complaint was the basis for the FIR in the case. Yet today, Komal Singh is an accused for the police.

"College staff hum dono ko police ke hawale kar ke bhag liya waha se. Police ne 7 baje tak college mai rakha, aur 7 baje ke baad thane mai band kar diya. (The college stuff handed over two of us to the police and disappeared. The police kept us in the college till 1900 hours in the evening and then took us to the police station and locked up)," Komal Singh narrates.

"Iss jila ka SP humpe attack karta hai ki tunme hi mar diya hoga. Voh bolta tha ki tumhara college ke staff ne hi tumhara khilaf gavahi dedi hogi, (The CP now accuses us of being the killers of Prof Sabharwal. He says the college stuff have given testimony against us)," Komal Singh says.

Peon Komal Singh spent 72 hours in police custody facing intense pressure from the police to change his statement. Sure enough, all the key witnesses in the case, including Komal Singh, turned hostile a few days later.

In fact, Komal Singh admitted to the Special Investigation Team of CNN-IBN that senior police officers pressured him to change his statement. Clearly, the truth in the Prof Sabharwal case is being suppressed by senior police officers and their political bosses.

Today, Komal Singh lives in constant fear. He has a police guard, but clearly that hasn't helped. Before turning hostile, initially Komal Singh did gather the courage to name the men whom he saw attacking the professor.

"Vimal Tomar, Vishal Rajouria and a few others whom I don't recognise, rushed towards Prof Sabharwal and attacked him. Vishal Tomar dropped his scooter, and Vishal Rajauria kept hitting him." This is how Komal Singh first narrated the incident in a statement given to the police.
But now, he claims there were other witnesses to the murder.

"The task force, Rapid Action Force, 3 town inspectors, ek CSP, ek city magistrate, ghod sawar bal, kya nahin tha bataye. Saare professors, 30-40 karamchari. Main akela nahin dauda tha unhein bacha ne ke liye. Bali ke bakre hum ban gaye. (The task force, the Rapid Action Force, 3 town inspectors, one city magistrate, the mounted cops... all of them were there. All the professors, 30-40 college stuff were also present. I was not the only one who had run to rescue Prof Sabharwal. But they made me the scapegoat)," he says.

Since then, Komal Singh has been under threat. "Dukh iss baat ka hai ke guard le ke ghoom raha hoon, koi bhi mai ka laal haath dharne nahin aaya aaj tak. Ki hum tumhara peeche hain (The sad thing is, I have to keep a guard. Nobody has come up to say that they're with me)," he regrets.
And so, the primary witness in the Prof Sabharwal murder case finally turned hostile. "Aap batiye main kiska loon sahara, kiske bharosa karke adalat mein kuch bolon. Pata bhi hoga to main kya boloon? (You tell me, whose support should I rely on to speak up in court? Even if I know something, what should I say?)" Komal Singh asks.

"Ek Inspector kehta hai ki voh mujrim ko goli maar dete hain.. 'saale.. tere ko maar dega koi to kya hoga'… yeh sab kaha hai mujhe police remand mein. (During police remand, one inspector said to me they shoot culprits. 'They will kill you, what will you do?)," a helpless Komal Singh asks.


(With Chandra Shekhar Mishra and Nayan Dutta)

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