New Delhi, Oct 7 (IANS) The Supreme Court on Tuesday allowed a plea filed by Madhya Pradesh Congress MLA Rajendra Bharti seeking transfer of an alleged cheating case outside the state.

A Bench of Justices Vikram Nath and Sandeep Mehta noted the submission that the defence witnesses were pressurised, and in particular, referred to a witness statement recorded by the investigating authority, in which the witness claimed he had been intimidated by local leaders not to testify in Bharti’s favour.

The Justice Nath-led Bench further noted that in an initial report, the investigating officer had recorded the witness’s statement about threats, but in a subsequent report, this aspect was ignored.

Earlier in February, the apex court had stayed the proceedings pending before the Additional Sessions Judge in Gwalior, observing that there was enough material placed on record before the trial court containing an allegation that the defence witnesses were sought to be intimidated.

“The trial court should have also taken appropriate action on the basis of the material. When we made repeated queries to the learned AAG (Additional Advocate General) and the learned counsel appearing for the respondent-State (of Madhya Pradesh), they had no answer to the question of what inquiry or investigation the state had made on the basis of the allegations made by the petitioner (Rajendra Bharti),” it had said.

In its order, the Supreme Court had stressed the duty of the state machinery to ensure that a fair trial is conducted. “We must record that it is the duty of the state to ensure that a fair trial is conducted. Fair trial means that full opportunity is granted in accordance with law to the accused to defend himself,” it had said.

After the top court’s observations, a committee of three police officials was constituted to inquire into the allegations of intimidation of defence witnesses. However, the Supreme Court, in an order passed in April this year, said that “proper investigation has not been made” into the allegations of putting pressure on the defence witnesses.

“We expected the officers appointed by the state to look into each and every allegation made by the petitioner as well as by the witnesses and record findings. It is the duty of the state to ensure that there is a fair trial, which is an essential part of the rights guaranteed under Article 21 of the Constitution of India,” it remarked, asking the state officials to carry out a “better investigation”.

In the 2023 Madhya Pradesh Assembly polls, Rajendra Bharti won the Datia seat of Gwalior-Chambal region, defeating senior BJP leader Narottam Mishra, who held the portfolio of Home Minister in the Shivraj Singh Chouhan government.

–IANS

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