The Supreme Court will hear on Tuesday a petition filed by an accused in the gang-rape case seeking transfer of the trial outside Delhi on the ground that he may not get a fair trial if criminal proceedings are allowed to be held in the surcharged atmosphere in the capital. A Bench of Chief Justice Altamas Kabir and Justices J. Chelameswar and Vikaramajit Sen directed the matter to be heard on Tuesday after M.L. Sharma, counsel for accused Mukesh, ‘mentioned’ and pleaded for early listing of the transfer petition. The plea sought the shifting of the case from the Saket court to Mathura, Uttar Pradesh, or to a court in any other State preferably in Coimbatore.
Counsel traced the sequence of events from December 16, 2012 when the gang rape occurred in the bus and the subsequent public outrage to argue that the atmosphere in Delhi was so surcharged that it was not conducive for a fair trial.
Does the accused think that he can have an escape route if venue is shifted away from Delhi? He is sadly mistaken. The pouring of feelings in the print and visual media is not only from Delhiites but from Indians residing across the length and breadth. We share the same feeling of sadness. Wherever in India it may be, the feelings are same though hearts are different and hence venue does not matter.
It is really surprising for the accused to come up with this idea. The mere trial itself is very fair. The idea is to find all incriminating evidence and give maximum punishment if found guilty. Any move to unwarranted delay in court proceeding should be treated offensive.
This not only delays the court proceedings but also undermines the legal system in Delhi making it look unfair and ineffective even after assurance from SC to have the trial in Camera with no media coverage.
I doubt.. Finally the culprit may set free, and the victim may treated
as culprit.. Incredible India. The looser is just that Girls Family, my
heart felt prayers with her and her family. The law got its on limits
are loopholes.. May god Punish the Guilty, that's my prayer.
That's hilarious ! Does the petitioner think, the sentiments are any
less stronger in other parts of the country ? From Kashmir to
Kanyakumari, the feelings are just the same !
If the Supreme Court feels that opinion will be swayed by public pressure, or the atmosphere of the trial will cause judgement to be influenced by public behaviour, then a change of venue is certainly possible And this is more applicable to a jury trial, rather than a non-jury trial.
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The petitioner must show proof that the presiding judge is influenced by the public, media and Government functionaries.
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However incomprehensible and repugnant a crime, the due process of law cannot be subverted.
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The emotional questions present no doubt a very different picture in this case. The above paragraphs may ring hollow to the plaintiff's parents, and to the public. But if we do not follow the process of law, what little we have left by way of judiciary will disappear.
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Let us simply hope that the Supreme Court will pass a decision that brings this trial to a speedy end and the trial itself sends a telling message to the convicted and to similar people still out there of this ghastly act.
Six of them have dared the heinous crime and killed the Girl in Delhi,
but they want court trial to be shifted to other location. What logic is
it? No, it should not be considered. It is just a tactic move to divert
the attention.
Even a man accused of a heinous crime is presumed by law to be innocent till he is convicted after a fair trial. From what the lawyer for the accused says, a trial in the current atmosphere in Delhi is unlikely to be fair. But asking for a transfer to Coimbatore looks like a tactic to delay the case. Transfer to a nearby location in Punjab or Rajasthan could be a solution.
Why only Mathura? Why not somewhere in southern part of India , i think
while hearing to this petition , the court should be careful to why the
petitioner asked a specific place like Mathura, there can be hidden
motives in it.
This is an open and shut case. The culprits should know that the heinous crime perpetrated by them had been so evident that the public itself could pronounce its judgement on their crime with one voice, that of hanging the culprits sooner than later, and which should prevail. The courts now just need to complete the formalities of affixing their seal on this judgement. I am sure no hoodwinking or cunningness shown by the culprits on the pretext of receiving a fair trial would escape the scrutiny of the courts.
Regardless of which ever part of the country they move the trail to, the heat from the public will always be on. The girl's agony is shared not just by Delhi but by the entire country.
There should be neither sympathy nor mercy for such a cruelty.In this scenario the judges should be as cruel in making judgement as they were when they were raping innocent girl.
After committing the heinous crime how on earth the accused can
request for a free and fair trail in other courts of India, that
too in Coimbatore in TAMIL NADU. They feel that tamilians has a
soft corner for such persons, beware in TAMIL NADU, has a great
regard for women, their may be atrocities against women here and
their, but if a culprit is caught , he has to forget his life,
like last year the DRIVER and the accomplice of brutal act of
raping and murder of school girl, one was killed in encounter and
other is on death sentence. Let fast track courts administer
justice within shortest period without fan fare.
Shifting trail would be his last wish, we should not forget recent case
on Manohar got double death sentence and Arumugam had been sentenced to
triple life sentence for rape and murder in coimbatore court where he
needed to move his trail to non metropolitan city. Wherever and
whatever, he should be hanged without mercy !!
How can any lawyer argue on the side of these barbarians? I guess these people will do anything for sake of money. I would like to see that lawyer's face after these barbarians do similar kind of offence against their own women. And wanted to hear what kind of justification he would give for arguing on these barbarians side. Shameless gentlemen!
Doesn't the Supreme Court itself has faith in Delhi Court? And what is the accused thinking -- even if the case is shifted outside Delhi, he will not escape the ultimate punishment.
Was he fair when he was raping that innocent girl or was he fair when he was busy pushing that iron rod right through her body?
That shameless man thinks that there will be any sympathy for him after filing such petitions ?
I do not think, the petition will be allowed. As per provision of the
Law, a trail is conducted in jurisdictional court where crime was
committed. Moreover, when the High Court has the power to decide on the
jurisdiction and venue of trial, Supreme Court will not take decision on
the matter.
I dont see any reason for the transfer as the evidence is strong and
would attract public opinion.
They must be hanged.
Don't wait for any trial or conviction. Correct message should spread to all others to stop these type atrocities against innocent girls. This lenieant judiciary system make things worse.
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