The father of deceased Sagar Dhankar has moved a petition in the Delhi High Court seeking transfer of the murder case of his son to fast track court for time-bound disposal like the Nirbhaya gang rape case.
The petitioner has sought relief in view of the sensitivity of the case and the influence of the accused including Sushil. The petitioner has also expressed apprehension about winning over the witnesses. Olympian wrestler Sushil Kumar is one of the accused in the case, which is at the stage of evidence.
The petitioner Ashok has moved a petition through advocate Joginder Tuli. It is stated that the accused persons in the present case are well-connected and influential. Some of them are government servants and also belong to the notorious Kala Asodha Gang and the main conspirator Sushil Kumar is a world-famous celebrity and Olympian.
The probability of winning over the material witnesses and evidences in the present case is high as the Prosecution witnesses are more than 200 in the present case and the trial is yet to reach the stage of Prosecution Evidence after a period of 1 year and 5 months of the filing of chargesheet, the petition stated.
The matter was listed on January 21, 2023, for the purpose of admission or denial of witnesses and evidence.
It is submitted that there are about 20 accused persons in the present case and the main accused were arrested after a considerable delay. Some of the accused had destroyed substantial material evidence.
The petitioner has stated that in the Nirbhaya Rape Case, the Law ministry set up a Special Fast Track Court which led to a speedy trial of the said case which was instituted in January 2013 and the judgment of conviction was delivered in September 2013. There was a voluminous charge sheet and about 85 Prosecution Witnesses examined before the Special Fast Track Court.
The Constitution of our country guarantees Speedy trial as a fundamental right which is an integral thread for obtaining justice, the petitioner submitted.
The petitioner has also referred to the judgement of the Supreme Court in the case Hussainara Khatoon wherein it was held that speedy trial as part of Article 21 of the Constitution guarantees the right to life and liberty.
It is also submitted that in the case of Hussain, the Supreme Court has issued directions for concluding trials by the sessions Court within two years.
It is further submitted by the petitioner that on November 4, the accused Sushil Kumar was granted Interim bail for a period of two weeks on the ground of the surgery of his wife by the trial Court.
This report is filed by ANI news service. TheNewsMill holds no responsibility for this content.
