Mirchpur trial shifted to Delhi
This will ensure a fair trial, free from any pressure from any quarter
R Sedhuraman
Legal Correspondent
New Delhi, December 8
Rejecting Haryana government's pleas, the Supreme Court today
transferred the trial of more than 100 peorsons, allegedly involved in
the April 21 attacks on Dalits in Mirchpur, from Hisar to Delhi.
A Bench comprising Justices GS Singhvi and AK Ganguly said in an order
that the court was "convinced" of the necessity to transfer the trial
to Delhi "for ensuring a fair trial, free from any pressure from any
quarter."
The Judges clarified that they were passing the order after a "careful
perusal" of the report of the Additional Sessions Judge, Hisar, who
was conducting the trial. The report had talked about advocates
appearing for the victims feeling "scared and terrorised" at the
presence of a large number of relatives and supporters of the accused
outside the Hisar trial court.
The SC made it clear that Delhi was closer to Mirchpur than
Chandigarh. The Bench directed the Hisar trial court, constituted
under the 1989 Act for the prevention of atrocities against SC/ST, to
the Additional Sessions Judge at Rohini in Northwest Delhi, which is
also set up under the Act.
Directing the Hisar court to send related files to Delhi "at the
earliest," the apex court said the Rohini court would be "free to
re-examine" the witnesses who had already testified in Haryana.
The first 10 witnesses had turned hostile during examination at Hisar.
At least 150 Dalits of Mirchpur had fled to Delhi after the violence
in which two persons were killed and their houses torched.
During arguments today, Haryana's Additional Advocate-General Manjit
Singh Dalal and senior counsel PN Misra pleaded for shifting the trial
to Chandigarh, instead of Delhi.
They said the state government would provide adequate protection to
the victims and witnesses, besides the advocates concerned. They also
argued that only the victims' counsel had complained of threat, not
the victims themselves or the witnesses. Counsel for the state argued
that it did not have "any control in Delhi. Delhi will be a problem
for us. Security personnel would have to come from Chandigarh. If
anything happens in Delhi, we are not responsible.
"It is our duty to have the prosecution witnesses examined without
fear. It is our duty to provide proper security."
The Judges pointed out that it was the Hisar trial court which had
sent a report about the threat perception. "The court is not biased.
Its views are on the basis of the scene at the court premises. We
don't have to make any guess." Earlier, senior counsel Colin
Gonsalves, appearing for the victims, submitted a list of nine
designated courts in Delhi exclusively handling cases related to
atrocities
against Dalits.
The state government said two such courts were functioning in
Chandigarh and sought the transfer of Mirchpur case there. Gonsalves
said his clients would feel safe in Delhi.
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