The Supreme Court has dismissed a petition seeking transfer of the December 16, 2012 gang rape case to a court outside Delhi on the ground that the atmosphere in the capital is not conducive to a fair trial.

A Bench of Chief Justice Altamas Kabir and Justices Anil R. Dave and Vikaramajit Sen on Tuesday dismissed the petition filed by advocate M.L. Sharma, appearing for one of the accused, Mukesh.

Last week, the Bench directed the sessions judge in the Saket fast track court to ascertain from Mukesh whether he wanted to pursue the case for transfer of the trial outside Delhi and which counsel should represent him, viz through advocate N. Rajaraman, who had filed the vakkalat, as two lawyers represented him.

The CJI, after going through the sessions judge’s report, made it clear to Mr. Sharma that Mukesh had changed the vakkalat in favour of lawyer V.K. Anand. “Your authority to appear in this matter has been totally denied by the accused,” said Justice Kabir.

The Bench also rejected Mr. Sharma’s plea that he be allowed to take up the matter in his individual capacity.

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