Delhi gang-rape case: Supreme Court rejects transfer of trial outside Delhi

New Delhi, 29 Jan 2013 [TIMES OF INDIA] --- The Supreme Court today dismissed a plea to shift the trial in Delhi gang rape case to a place outside the national capital. The apex court bench headed by Chief Justice Altamas Kabir dismissed the transfer petition upon the receipt of the sessions judge's report that the accused, on whose behalf the transfer petition was moved, does not want to be represented by advocate ML Sharma. Rejecting the transfer petition, the court said that the advocate has no locus standi to appear in the matter on behalf of one of the gang-rape accused, Mukesh. In the course of the last hearing of the case, the apex court had asked the sessions judge, trying the Dec 16, 2012, gang-rape case, to ascertain as to whom the accused would like to engage as his counsel. The situation arose after another advocate, VK Anand, told the court that it was he who actually represented the accused before the trial court. The sessions judge, in his report to the apex court, which was opened Tuesday in the court room, said that the accused wanted to be represented by advocate Anand. Anand, in the course of the last hearing, said that he was not seeking any transfer of trial outside Delhi. Earlier, accused Mukesh had sought the shifting of the case to Mathura in Uttar Pradesh or any other state, as he apprehended he would not get free and fair trial in the city. The petition said that Mukesh did not expect a free and fair trial in Delhi as the judiciary was under tremendous pressure because of personal interest shown by chief minister Sheila Dikshit and others. Besides the public pressure and unending public agitations over the incident, the petition drew the apex court's attention to some of the statements made by the serving and retired judges of the higher judiciary who sought changes in the law for an expeditious trial of rape accused. The petition said the attitude of police and jail authorities was totally biased against the petitioner. Ram Singh, Mukesh, Pawan Gupta, Vinay Sharma and Akshay Thakur were charged with gang-raping and brutally assaulting a 23-year-old woman in a moving bus Dec 16. The victim died in aSingapore hospital December 29.

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