Date:08/10/2008 URL: http://www.thehindu.com/2008/10/08/stories/2008100858910300.htm

New Delhi

High Court urged not to interfere in investigation

Staff Reporter

NEW DELHI: A complainant seeking prosecution of psychologist Ashis Nandy for allegedly portraying Gujarat in an uncharitable manner in an article written in a national daily earlier this year has urged the Delhi High Court not to interfere in the ongoing investigation.

The complainant, V.K. Saxena, made this plea in an affidavit in response to a notice by the Court on a petition by Mr. Nandy seeking quashing of prosecution proceedings initiated by the Gujarat police against him.

In the affidavit, Mr. Saxena said interference by the Court in the probe at this stage would amount to prejudging the case.

The High Court has issued the notice to the complainant on June 25.

In his complaint, Mr. Saxena alleged that the article relating to Gujarat Assembly election results disturbed the communal harmony between two communities. In his defence, Mr. Nandy through his counsel submitted that the Gujarat police had registered the case against him out of mala fide intention to prevent him from expressing his views.There is a Supreme Court order restraining the Gujarat police from arresting Mr. Nandy. He had approached the Supreme Court after the Delhi High Court refused to interfere in the matter. Citing a Supreme Court judgment , the complainant said Mr. Nandy’s petition is premature as the investigation was in initial stages.