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.
A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan emphasised the fundamental principle of a fair trial, asserting 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. UNI SNG SSP
