Indian courts hailed for conviction of politician's son

Apr 19, 2010, 9:35 GMT

New Delhi - India's Supreme Court on Monday upheld the life sentence given to the son of a powerful politician in a landmark judgement that was hoped would reinforce the faith of the common man in the country's judiciary.

The court found Manu Sharma, the son of a former minister from the ruling Congress Party and relative of late president Shankar Dayal Sharma, guilty of murdering New Delhi model Jessica Lall.

'The prosecution has proved beyond reasonable doubt the presence of Manu Sharma at the site of offence,' justices P Sathasivam and Swatanter Kumar ruled in the high-profile case.

The court also upheld the convictions and four-year jail terms for Sharma's accomplices - Vikas Yadav, son of another politician, and business executive Amarjeet Gill - for destruction of evidence.

Lall was working as a barmaid at a socialite party in south Delhi when she was shot dead in April 1999.

Dozens of witnesses said Manu Sharma killed Lall after a tiff over his demand for a drink as the party was winding up.

But the trial court in 2006 acquitted him because many witnesses who initially claimed to having seen Sharma fire the gun, retracted their statements.

After intense media and public pressure, the prosecution appealed to the Delhi High Court, which overturned the judgement, found Sharma guilty of murder, and sentenced him to life imprisonment.

Local media reports exposed how Sharma's family had either intimidated or bribed witnesses to subvert justice.

The victim's sister, Sabrina Lall, told reporters that her family was happy at the conclusion of a long legal battle spanning 11 years.

'The judgement gives us a lot of relief and satisfaction,' she said. 'The important message that goes out is that it is not impossible to punish the powerful. It is indeed a victory for the Indian middle class.'

The justice system is often criticized for being ineffective, particularly when it comes to prominent defendants, succumbing to pressure and influence of the powerful and wealthy.

The murder case provoked sharp reactions in Indian society as people staged rallies and demonstrations after Sharma was acquitted. The Hindi film industry, or Bollywood, is making a film about the case.

'It is a signal to people who have any apprehension with regard to the fairness of our criminal justice system,' noted criminal lawyer Majid Menon said.

'The message is that it is not always the rich and powerful who succeed in the criminal legal battles,' Menon said. 'The wealthy accused will not escape the clutches of the law.'

High Court Judge RS Sodhi, who handed down the guilty verdict, agreed.

'The rule of law has to prevail; it always does,' he told the NDTV network, noting that although 180 people witnessed the murder, no one came forward with sworn testimony against Sharma.