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Delhi gang-rape case: SC defers hearing over counsel row

Wednesday, 23 January 2013 - 8:45pm IST | Place: New Delhi | Agency: PTI
A bench headed by chief justice Altamas Kabir adjourned the hearing after the advocates indulged in verbal dual and began making claims and counterclaims for representing accused Mukesh.

A day after two lawyers appeared before the Supreme Court claiming to represent one of the six accused in the December 16 gangrape case, the court asked the sessions Judge conducting the trial to find out who the actual counsel was and if he wanted to pursue the case for transferring the trial to a court outside Delhi.

A bench headed by chief justice Altamas Kabir adjourned the hearing after the advocates indulged in verbal dual and began making claims and counterclaims for representing accused Mukesh. Refusing to hear the case, the Supreme Court bench asked the sessions judge to find out who the accused's actual counsel was.

As soon as advocate ML Sharma, who claimed to have filed the plea on behalf of accused Mukesh to seek transfer of trial to Mathura in UP on the ground of prejudice and charged atmosphere, started arguments, another lawyer VK Anand objected saying Sharma was no more associated with the case.

It was then that the SC bench asked the advocate-on-record to appear before it at noon to find out the truth. When the matter was again taken up after lunch, Anand did a U-turn, saying he has been authorised by the accused to represent him only in the trial court.

Sharma then alleged that Mukesh is being tortured by the police and Anand was trying to create hindrance in hearing of the transfer plea in the gangrape case in which arguments on charges will commence from Thursday.

The court then directed the sessions judge to talk to Mukesh and find out the truth behind these allegations and posted the matter for hearing on January 30.

Mukesh, who along with four others, has been charged with murder, gangrape and unnatural offences, has alleged that in view of regular agitations, police and judicial officials are under pressure to pass orders according to the demands of the agitators and hence, a fair hearing is not possible. "The sentiment has gone into the root of each home in Delhi by which even the judicial officers and the state are not spared and in these circumstances, he cannot get justice in Delhi at all," Mukesh's plea said.

Besides Mukesh, bus driver Ram Singh, Pawan Gupta, Vinay Sharma and Akshay Thakur, have been charged with offences of murder, gangrape, attempt to murder, kidnapping, unnatural offences, dacoity, hurting in committing robbery, destruction of evidence, criminal conspiracy and common intention under IPC. Their sixth accomplice is a juvenile and is being tried separately before the Juvenile Justice Board.




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