The Supreme Court allowed the transfer of a criminal trial from Bhiwani, Haryana to Saket Courts in New Delhi, taking into account the victim’s serious medical condition and the difficulty she faces in participating in proceedings.
During the hearing, counsel appearing for the victim submitted that she had suffered grave injuries in the incident, including severe damage to her eye, and is currently undergoing continuous treatment in Max Hospital and Shroff Eye Centre in New Delhi.
“She suffered multiple injuries, including critical damage to her eye, and is receiving continuous medical treatment at Max Hospital and Shroff Eye Centre in New Delhi,” counsel informed the Court.
It was further pointed out that the victim had already lost her mother, and her fragile medical condition made it extremely difficult for her to travel and attend trial proceedings in Haryana.
The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi observed that given these circumstances, it would be nearly impossible for the victim to effectively participate in the trial if it continued in Bhiwani.
“Taking into consideration these circumstances… we are satisfied that it will be nearly impossible for her to participate in the trial proceedings pending in Bhiwani,” the Court noted.
While the victim’s counsel also referred to allegations of pressure and threatening messages from members of the accused’s family, the Court declined to record those allegations in the order.
“We will not mention anything. Don’t try to scandalise the family. Provide only on the issue which is there,” the Bench said.
Allowing the transfer plea, the Supreme Court directed that the Sessions Trial arising out of FIR registered at Police Station Bhiwani Sadar, be transferred to a court of competent jurisdiction in the South-East District, Saket Courts, New Delhi.
The Court also directed the Principal District Judge, Saket Courts, to assign the case to an appropriate court without delay.
To facilitate the trial and ensure the presence of the accused, the Court further ordered the transfer of the accused’s judicial custody from Bhiwani Jail to Tihar Jail or any other suitable jail in Delhi.
“The State of Haryana is directed to transfer the judicial custody of the accused from District Jail Bhiwani to Delhi… the prisoner shall be transferred to Tihar Jail or any other suitable jail in Delhi,” the Court directed.
The directions were issued to both the State of Haryana and the Government of NCT of Delhi, asking them to ensure compliance within four weeks.
The Court clarified that the transfer order was passed without expressing any opinion on the merits of the allegations, focusing solely on ensuring that the victim can effectively participate in the trial.