The Supreme Court has ordered the transfer of Congress MLA Rajendra Bharti’s cheating trial from Madhya Pradesh to Delhi following allegations of witness intimidation. The bench stressed that “justice must not only be done, but must also be seen to be done.”
New Delhi: The Supreme Court on Tuesday directed that the ongoing trial in a cheating case involving Congress MLA Rajendra Bharti be shifted from Madhya Pradesh to Delhi. The bench, comprising Justices Vikram Nath and Sandeep Mehta, took note of allegations that defence witnesses were being intimidated during the trial.
Bharti, in his plea, claimed that attempts were being made to threaten the defence witnesses in the ongoing proceedings in Gwalior. The Supreme Court considered these allegations seriously and agreed to transfer the trial to ensure a fair judicial process.
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During the hearing, the counsel representing the Madhya Pradesh government argued that the state was ready to provide police protection to the witnesses and opposed the transfer of the trial.
However, the bench emphasised that “justice must not only be done, but must also be seen to be done,” ultimately allowing the transfer petition to Delhi.
This is not the first time the apex court has intervened in this matter. In February this year, the Supreme Court had observed that prima facie, there was enough material on record before the trial court to suggest that efforts were made to intimidate defence witnesses.
The court noted that the trial court should have taken proper action based on this evidence. At that stage, the apex court had stayed further proceedings in the Gwalior court and highlighted the state’s responsibility to ensure a fair trial.
Later, in April, the court expressed concerns about the investigation conducted by state-appointed officers into the alleged pressure on witnesses.
The bench remarked that the investigation was inadequate and directed that a proper investigation be conducted, with a report to be submitted within a month.
Bharti also alleged that former state home minister and BJP leader Narottam Mishra was attempting to influence the trial by colluding with the district public prosecutor and the additional district public prosecutor.
The case originates from a complaint filed by a bank manager, who accused Bharti of cheating after he allegedly deposited in his mother’s name in the district cooperative rural bank. Bharti has denied all allegations and maintained his innocence throughout.
The Supreme Court’s decision underscores the judiciary’s commitment to a fair trial and protection of witnesses, ensuring that justice is both served and seen to be served.
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