Expressing an apprehension that he may not get a fair trial if the December 16 gang rape case is conducted in Delhi, one of the accused on Saturday moved the Supreme Court for shifting the case to any other State, preferably Coimbatore in Tamil Nadu. The trial is to begin in the Saket court on Monday.
Counsel M.L. Sharma, in Mukesh’s transfer petition, traced the sequence of events from the day the rape occurred in a moving bus in the capital and the subsequent public outrage to argue that the atmosphere in Delhi was so surcharged it was not a conducive venue for a fair trial.
The petitioner said he was arrested from his Rajasthan village, Karoli, on December 18 and his confession was obtained under torture. On January 7, when he, along with the co-accused, was produced before the magistrate court at Saket, Mr. Sharma declared his willingness to defend all the five persons. However, all other advocates protested and created a scene and were about to thrash Mr. Sharma right in the courtroom. However, police presence averted any such incident.
Counsel requested the magistrate to allow him to meet Mukesh but the plea was declined and he was asked to meet the accused in the Tihar jail.
Subsequently on January 17, counsel pleaded for extra security to Mukesh as he apprehended encounter killing. That request was also refused.
In other complaints, the petitioner said a copy of the charge sheet and documents were yet to be supplied to him and even the First Information Report was not at all readable. In the name of fast-tracking justice and under public pressure, judicial proceedings/criminal trial “will start from January 21.”
He said that since December 17 public agitations had been held regularly in the capital and political pressure was being mounted on the police to hang the accused by declaring them culprits without giving them proper trial in a conducive atmosphere. Party leaders and even judicial officers were bound by deep sentiments thanks to the hue and cry witnessed in Delhi.
Keywords: Delhi gang-rape case, gang-rape accused plea, Saket court
We cannot convict a person until a fair trial is provided to him/her. Even though this dastardly crime has happened, we cannot pin it on a person, since none of us were direct witness to this crime. And by the media hype generated by this event, all people are waiting for a conviction - hanging. No other conviction can be handed out in Delhi.If any other sentence is given, the judge will be taken to task. So, it will be prudent that some other venue is chosen for the trial. In the long run, it doesn't change matters.
All crimes are by definition unfair. So that is no argument against
providing a fair trial. But some of the allegations of the accused is
disturbing - hope the proper procedure has been followed by police in
regard to filing the case and gathering evidence. I would not worry too
much about the "conviction obtained under torture" allegation. He cannot
prove it. But you have to have a proper FIR and conclusive evidence to
nail him. Recently a judge released a rape accused because of a shoddy
prosecution case. We don't want that to happen here.
What he did is not fair, why he expects fair trial.
Your commit a crime which is competely inhuman and then you expect a fair trail. If the petition is accepted then it would show how law can be misused by criminals.
This really appears to be an open and shut case, with the dying testimony of the victim and her friend. Such dilly-dallying tactics will do nothing other than accentuate the flaws in a judicial system.
The deceased young woman had neither mercy nor fair treatment from these
Brutes. That they are still alive and allowed to speak out itself is
more than a Fair trial given to them.
what a great country is ours to give fair trial to those rapists?
what is wrong in the subject " matter going into the root of each house in Delhi"? Whose action has created the sentiment?
What a mocking plea. Is Mathura immune from this sentiment to get criminals punished (i
mean hanged) ?
I don't understand what kind of justice system we have. They raped and
killed a girl in capital city and now ask for justice. It will be
another blow to Indian Judiciary if plea for shifting trial to another
place is entertained. It must be rejected in the first instance.
These are all dilatory tactics to delay trials and divert attention.Instead of asking for shifting the trials to another court in India why not ask to be tried in a neutral country of their choice ..Supreme Court should summarily reject their application and ask them to stop interfering with the legal process..
And now starts the merry-go-round. Defense Counsel knows he has an
almost impossible task and is applying standard delaying tactics. It
is the responsibility of the Courts to see that he doesn't succeed.
It will be a slight on the judiciary and judicial independence if the
case is transferred. A judge is supposed to deliver verdicts based on
the law and principles of jurisprudence. It is expected that he will
be able to withstand the "pressure" of public sentiment, especially
when he is adjudicating in a physically stable, peaceful location like
Delhi. And our judges have firmly laid down the principle of judicial
independence.The motion shows the judiciary in bad light.
Moreover this advocate has made another ludicrous claim. He has
claimed that no investigation can be completed in 10 days (within
which the current one was done). He made this remark as a general
observation, without offering a single fact to back it up. What
semester of law school made him an expert on this?
This is ridiculous. They are trying to buy time, so SC should not take
this case. Their criminal role is well known to the public across the
India, so where ever they move same pressure will continue until they
all hanged (including juvenile). If this case fails, I am sure, people of
this country will lose whatever faith they have in Indian judiciary.
what kind of justice is rapist seeking for?
After raping a girl and killing her what kind of justice he expects from both public and judicial system?
“The sentiment has gone into the root of each home in Delhi by which
even the judicial officers and state are not spared and in these
circumstances, he cannot get justice in Delhi at all,” the petition,
filed through his advocate M L Sharma, said.
What justice actually he wants??? He is proved convict before Indian
mass and is to get punishment. Why the place of court room matter in
this open case??
A daylight criminal cannot have choice as to where he has to be
tried.
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