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SC rejects plea for shifting trial to Mathura
Legal Correspondent

New Delhi, January 29
The Supreme Court today dismissed a plea for shifting to Mathura the trial in the case relating to the barbaric gang rape and murder of a 23-year-old physiotherapy student in Delhi last month.

The rejection, however, came on technical grounds as Mukesh, one of the six accused in the case, maintained that he had not authorised advocate ML Sharma to file the petition seeking transfer and argue in the apex court.

A three-member Bench headed by Chief Justice Altamas Kabir passed the order, observing that the accused had given a statement to the fast track court holding trial in the case denying the advocate’s claim. The other Judges on the Bench were Justices Anil R Dave and Vikramajit Sen.

In the transfer petition, it had been contended that accused Mukesh would not get justice if the trial was held in Delhi as the atmosphere in the capital was against him and every resident had a prejudicial view, having been influenced by extensive hostile media reports and agitations. Following a nationwide public outcry, the government has set up a special fast track court to hold the trial against the six accused against whom the Delhi police has already filed a chargesheet holding them responsible for the rape and assault on the girl on December 16, 2012. The girl died on December 29.

One of the accused is a few months below 18 years of age and as such his case has been separated. He is being tried by a Juvenile Justice Board under the Juvenile Justice Act which has provision only for remanding him to a juvenile home for correction and rehabilitation.

The other accused are Ram Singh, his brother of Mukesh, Pawan Gupta, Vinay Sharma and Akshay Thakur. After assaulting the girl and her male friend, the accused had thrown them on the road from the moving bus in which they had committed the ghastly crime.