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Mirchpur violence: Apex court hints at transferring case
2010-12-07 18:20:00
New Delhi, Dec 7 (IANS) The Supreme Court Tuesday indicated that the
trial in the Mirchpur case, in which people belonging to the dominant
caste are accused of attacking the Dalits of the village, could be
transferred outside Haryana.
An apex court bench of Justice G.S. Singhvi and Justice Asok Kumar
Ganguly asked the Additional Advocate General of Haryana Manjit Singh
Dalal to indicate if there was a designated court in the union
territory of Chandigarh to try cases of atrocities against the
Scheduled Castes/Scheduled Tribes (SCs/STs).
Similarly, senior counsel Colin Gonsalves, appearing for the
petitioner and the Mirchpur victims, was asked to find out of if there
was a designated court in Delhi trying offences under the Prevention
of Atrocities against SC/ST Act.
On April 21, people from the dominant caste in Mirchpur village
attacked and burnt houses of those belonging to the Valmiki community.
A 70-year-old man, Tara Chand, and his disabled daughter Suman were
burnt alive.
This led to the exodus of the Valmikis from the village to different
parts of the state and the national capital.
On the Supreme Court's intervention, the state police acted against
the perpetrators of the violence and 52 people were arrested.
The apex court Tuesday gave an indication of transferring the trial
outside the state after receiving the report from the Additional
Sessions Judge (Hissar) on allegations that witnesses were being
coerced to turn hostile and that even lawyers appearing for the
victims were feeling insecure.
The Hissar judge, in his report, said that he was satisfied that
witnesses had deposed without being under any duress and pressure.
However, the report said that lawyers representing the victims looked
'frightened and terrorized'.
The apex court had asked the Hissar judge to give a report after
Gonsalves, during the last hearing Nov 23, alleged that on the date of
hearing, a large crowd of people from the dominant community gathered
outside the courtroom and they coerced and threaten the witnesses to
go back on their statements.
Senior counsel P.N. Mishra, appearing for the state, said that
transferring the trial outside Haryana would caste aspersions on the
state government, which otherwise had done everything to address the
grievances of the victims and provided them full security.
He also said that transferring the trial in Delhi would cause
difficulties to the victims.
At this, court said that the pivotal thing was that the 'trial must be
in a free and fair manner and in conducive atmosphere for both the
parties'. The court further observed that Delhi 'may not be convenient
but it is a safe place for the trial'.
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