New Delhi, Apr 9 (PTI) The Supreme Court on Wednesday outlined the state’s duty to ensure a fair trial, and directed a “better” investigation into Congress MLA Rajendra Bharti’s allegations over witnesses being pressurised in a case against him.
A bench of Justices Abhay S Oka and Ujjal Bhuyan considered the submissions of Bharti’s counsel, senior advocate Kapil Sibal, who said there was an attempt to intimidate defence witnesses in the case.
“We find that a proper investigation has not been made by the officers appointed by the state into allegations by the petitioner regarding putting pressure on the defence witnesses. We expected the officers to look into each and every allegation made by the petitioner as well as the witnesses,” the bench said.
The top court went on, “It is the duty of the state to ensure that there is a fair trial which is an essential part of rights guaranteed under article 21 of the Constitution. We, therefore, direct that a better investigation be carried out and report be submitted to this court within one month from today.” The apex court on February 10 stayed the transfer of the case trial against Bharti outside Madhya Pradesh and prima facie found “enough material” before the trial court over the allegation on witnesses’ intimidation.
“Obviously, the trial court should have also taken appropriate action on the basis of the material. Another question is whether the state attempted to make any inquiry into this serious allegation made by the petitioner that the defence witnesses were sought to be intimidated as stated in the applications/affidavits filed on record,” it had said.
Even the top court’s “repeated queries” on the nature of the inquiry or investigation the state made on the basis of the allegations had elicited no answers.
Bharti claimed former state home minister and BJP leader Narottam Mishra was trying to influence the trial by colluding with the district public prosecutor and the additional district public prosecutor.
A complaint was filed by a bank manager accusing Bharti of cheating after he reportedly made a deposit in his mother’s name in the district cooperative rural bank. PTI PKS AMK
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