The Supreme Court on Tuesday ordered that the trial in a cheating case involving Congress MLA Rajendra Bharti be shifted from Madhya Pradesh to Delhi, after taking note of allegations that defence witnesses were being intimidated.
A bench of Justices Vikram Nath and Sandeep Mehta passed the transfer order while hearing Bharti’s plea. He alleged that attempts had been made to threaten defence witnesses during the ongoing trial in Gwalior.
During the hearing, the counsel representing the Madhya Pradesh government argued that the state was prepared to provide police protection to the witnesses and opposed the transfer of trial. However, the bench underscored that “justice must not only be done, but must also be seen to be done”, and allowed the transfer petition.
In February this year, the Supreme Court had observed that prima facie, there was sufficient material on record before the trial court to suggest that efforts were made to intimidate defence witnesses. It noted that the trial court ought to have taken appropriate action based on this material. At that stage, the apex court had stayed further proceedings before the Gwalior court and stressed the state’s duty to ensure a fair trial.
Subsequently, in April, the court remarked that the investigation conducted by state-appointed officers into the allegations of pressure on witnesses was inadequate. It directed that a better investigation be undertaken and a report submitted within a month.
Bharti also alleged that former state home minister and BJP leader Narottam Mishra was attempting to influence the trial by colluding with the district public prosecutor and the additional district public prosecutor.
The case stems from a complaint lodged by a bank manager, who accused Bharti of cheating after he allegedly made a deposit in his mother’s name in the district cooperative rural bank. Bharti has denied all allegations.
