The Supreme Court on Wednesday directed the sessions judge in the Saket fast track court here to ascertain from Mukesh, one of the accused in the December 16, 2012 gang rape case, how he was being treated in custody in the Tihar jail and send a report by January 29.
A Bench of Chief Justice Altamas Kabir and Justices J. Chelameswar and Vikaramajit Sen passed this order following an allegation made by counsel M.L. Sharma that Mukesh was being tortured. It said the accused would be at liberty to inform the sessions judge and make any complaint.
The Bench also asked the session judge to find out from Mukesh whether he wanted to pursue his plea for transfer of the trial outside Delhi and which counsel should represent him, viz. through advocate N. Rajaraman, who had filed the vakkalat. In the morning, there was confusion as two lawyers V.K. Anand and Mr. Sharma (through Mr. Rajaraman) claimed that they had filed vakkalats for Mukesh. The case was then taken up after lunch. Even as the order was being dictated, Mr. Anand clarified that he had filed the vakkalat on behalf of Mukesh (through his brother) to represent him in the Saket fast track court, and not in the Supreme Court. Mr. Rajaraman and Mr. Sharma claimed they had filed valid vakkalatnama and should be allowed to represent Mukesh in the case. The Bench then asked the sessions judge to ascertain from Mukesh which counsel should represent him . It adjourned the hearing to January 29.