Key Takeaways
- The Supreme Court stays the trial in a cheating case against Madhya Pradesh MLA Rajendra Bharti.
- The court emphasizes the need for a fair trial and the importance of the accused receiving a full opportunity to defend themselves.
- The state has been directed to file its counter within two weeks, with the next hearing scheduled for February 28.
New Delhi: The Supreme Court on Monday stayed the trial in a cheating case against Madhya Pradesh Congress MLA Rajendra Bharti, following his request to transfer the hearing to another state.
The Supreme Court emphasized the importance of a fair trial. Justice Abhay S. Oka and Justice Ujjal Bhuyan asserted that the accused must be given a full opportunity to defend themselves under the law.
“…while we say this, we must record that the state has to ensure that a fair trial is conducted. fair trial means full opportunity under law to the accused to defend himself,” the court observed.
Senior advocate Kapil Sibal, appearing for Bharti, argued that defence witnesses were coerced and taken to a hotel, where they were pressurised to testify against his client.
The court grilled the Additional Advocate General (AAG) representing the Madhya Pradesh government on whether any investigation was conducted regarding the serious allegations of witness intimidation. The AAG denied the allegations but failed to present any evidence of an inquiry.
Dissatisfied with the response, Justice Oka criticised the state’s lack of seriousness. “Look at the attitude of the AAG. He is not answering simple questions. He is not able to understand the seriousness of the case. Every other day, we say that an advocate is an officer of the court first.”
The court directed the state to file its counter within two weeks. The next hearing is scheduled for February 28.
