The Supreme Court on Friday, October 21, 2022, dismissed a plea by the survivor of a sexual assault case, in which Malayalam actor Dileep is involved as accused, to transfer the trial to another court.
The Kerala High Court had in September refused the transfer, following which the survivor had approached the apex court.
“We cannot allow petitions alleging bias, judges will not be able to discharge their duties without fear and favour… In such matters the High Court has to see whether it is a fit case for transfer or not. If this court starts taking calls, it will set a bad precedent,” a Bench of Justices Ajay Rastogi and C.T. Ravikumar addressed senior advocate R. Basant, appearing for the survivor, who is also an actor.
Mr. Basant said his client wanted the trial to be fair “to all”. He tried to persuade the Bench that the presiding officer was biased in favour of the accused. He said his client has lost faith in the trial judge.
“My concern is this is not a fair trial,” Mr. Basant contended. He urged the court to not “abdicate” its jurisdiction.
Appearing for the accused, senior advocate Mukul Rohatgi said the petition should be dismissed, that too, with costs. He said 207 witnesses have been examined.
As an aside, Justice Rastogi said the apex court is saddled with cases in which litigation should have stopped at the level of the High Courts.
He said cases involving offences, even under Section 427 (mischief) of the Indian Penal Code, make their way to the Supreme Court.
Why was the notice issued?, asks survivor
“With all due respect, then why do you issue notice in such cases? First notice is issued and then it is said the court is saddled by such cases,” Mr. Basant said.
The Supreme Court had earlier directed that the trial proceedings in the sexual assault case be completed before January 31, 2023.
On Thursday, another Bench led by Justice Dinesh Maheshwari had said the trial judge was making “all endeavours” to complete the trial as quickly as possible.
