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The Ernakulam District and Sessions Court said it had complied with the Kerala High Court order to recall the trial in the actor rape case from the CBI-3 Special Court, Ernakulam, and transfer it to the Sessions Court for completing the trial and disposal of the case.
Sessions judge Honey M. Varghese gave the clarification while considering the petitions moved by the prosecution and the survivor challenging the transfer of court.
Ms. Varghese, then CBI special judge, was asked by the High Court to conduct the trial and dispose of the case on a petition from the survivor. Later, the case was posted back to the Sessions Court as Ms. Varghese was promoted as sessions judge.
Opposing the change of court, V. Ajakumar, the Special Public Prosecutor, wondered whether a High Court could delegate its powers to transfer the case to the Sessions Court. The case cannot be transferred from one court to another without notice to the parties, he argued.
P. Sanjay, the counsel for the survivor, averred that the judicial decision to assign the case to the CBI special court could not be overridden through an Official Memorandum, an administrative order. The reasons for the transfer of court shall be recorded as per law, and the parties were entitled to know the reasons for such transfer, he argued.
Philip T. Varghese, the counsel for Dileep, said the petitions challenging the jurisdiction of the court to consider the case were not maintainable as the High Court order was to conduct the trial and dispose of the case. The emphasis of the High Court order was on the woman judge and not on the court. The Sessions Court is bound to comply with the High Court order and cannot afford to commit judicial impropriety and insubordination by refusing to implement it, he submitted.
A. Muhammad, a defence counsel, asserted that the transfer order from the High Court was in order, and the Sessions Court had to implement it, failing which it would be held accountable for dereliction of duty. The Sessions Court cannot review the High Court order. The High Court and not the Sessions Court would be the right forum to raise the challenge regarding the transfer of court, he averred.
The court posted the case for August 19.
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