SC transfers Dalit case from Haryana to Delhi

The Supreme Court on Wednesday transferred to a special designated court in Delhi, the trial relating to mayhem against dalits by upper caste Hindus in Haryana`s Hisar district in April this year to ensure a free a fair trial.

New Delhi: The Supreme Court on Wednesday
transferred to a special designated court in Delhi, the trial
relating to mayhem against dalits by upper caste Hindus in
Haryana`s Hisar district in April this year to ensure a free a
fair trial.

A bench of justices G S Singhvi and A K Ganguly
ordered the transfer "to ensure that the trial is free from
any fear or pressure from any quater".
The apex court asked the Additional Session Judge
(ASG), Hisar, who is presently handling the case, to transfer
all relevant records to the Additional Sessions Judge, Rohini
dealing with offences under SC/ST (Prevention of Atrocities
Act), 1989.

The bench said that the Special court at Rohini would
be free to re-examine the witnesses already examined by the
ASG Hisar.

The apex court passed the order after examining the
affidavits filed by two court-appointed advocates, who had
submitted that the witnesses were under constant threat and
fear due to the hostile atmosphere created by the accused and
their families.

Earlier, the apex court had indicated that it would
transfer the trial relating to Chandigarh in view of the
alleged harassment faced by the victims and witnesses.

It had asked the Additional District Sessions Judge,
Hisar, to send a report in the context of affidavits filed by
the two advocates on behalf of the victims.

It had asked Haryana to file its response within a week
and pulled up the state government for not setting up a State
Human Rights Commission till date.
The additional affidavits filed in the case by
advocates Veena Sharma and Rajat Khalsan detailed the alleged
threats and the hostile atmosphere towards the
victims/witnesses by those allegedly behind violence.

"We are indicating to you (Government) that it would be
appropriate if the case is transferred to Chandigarh.

"Let it go to Chandigarh, at least they will feel secure.
Not that we are casting any aspersion on the trial court at
Hisar. But the atmosphere is not conducive to a fair trial. We
have seen the judicial system crumbling during terrorism", the
Bench had said.

On April 21, a 70-year-old Dalit man and his
18-year-old physically challenged daughter were burnt alive in
the violence against the community by members of the upper
caste, forcing about 150 families to flee Mirchpur village in
Hisar and take shelter at the Valmiki Temple in Delhi.

PTI