New Delhi, June 12 (IANS) A Supreme Court judge on Thursday recused himself from hearing a plea filed by Madhya Pradesh Congress MLA Rajendra Bharti seeking transfer of a criminal case outside the state.

After Justice Manmohan withdrew himself from hearing, the bench headed by Justice Prashant Kumar Mishra referred the transfer petition to the Chief Justice of India (CJI), who is the master of roster, for listing the matter before a different bench.

In the meantime, the bench ordered extension of the interim order passed in the petition seeking transfer of the alleged cheating case outside Madhya Pradesh.

In February this year, the apex court 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. (W)hen we made repeated queries to the learned AAG (Additional Advocate General) and the learned counsel appearing for the respondent-State (of Madhya Pradesh), they have no answer to the question of what inquiry or investigation the state has made on the basis of the allegations made by the petitioner (Rajendra Bharti),” it 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.”

Listing the matter for further hearing on May 16, the apex court told the state officials to carry out a “better investigation” and called for a report within one month.

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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