Press Esc to close
Saturday 25 October 2014
News updated at 8:46 PM IST
Weather
Max: 27°C
Min : 19.2°C
In Bangalore
Generally cloudy

SC says 'no' to shifting of rape trial from Delhi

New Delhi, Jan 29, 2013, DHNS:

Lawyer not authorised by the accused to represent him

AFP FILE PHOTO

The Supreme Court on Tuesday dismissed a petition seeking direction to transfer the Delhi gang-rape case, outside the national capital after noting that the lawyer, who made the plea, was no longer authorised by the accused to represent him.

A three-judge bench presided by Chief Justice Altamas Kabir relied upon a report forwarded to the court by the trial judge stating that accused Mukesh had denied having given any authorisation in favour of advocate M L Sharma.

Sharma had filed the transfer petition on behalf of one of five accused Mukesh on the ground of strong sentiments against the accused in view of huge media coverage. He was countered by advocate V K Anand who claimed that Sharma was not authorised by the accused to represent him.


The bench had last week sent the matter to trial court to find out from the accused as to who was his counsel.

The apex court’s order would now ensure that the trial continue in Delhi only. Sharma, however, pleaded that he should be allowed as an independent person to present his views. The court rejected his plea saying in view of the facts of the case and denial of any authorisation by the accused, Sharma could not be allowed to represent the accused. Meanwhile, Delhi Police may move court against the Juvenile Justice Board’s declaration that the youngest accused in the case is a minor.

According to sources, police are seeking legal opinion on challenging the JJB order. On Monday, the JJB had declared the accused as “juvenile” on the basis of his date of birth mentioned in his school certificate.

The certificate mentions the date of birth as June 4, 1995 which makes the accused 17 years and six months old when he took part in the gang rape of a 23-year-old physiotherapist. He is said to have been the “most brutal” of all the accused in the case. Section 15G of the Juvenile Justice (Care and Protection of Children) Act mandates that a juvenile aged between 16 and 18, if convicted of any offence, can be sent to a special home for three years at the maximum, and thereafter be released on probation.

However, Section 16 of the Act also states that a juvenile can be kept at a special home till he or she is 18 years old, and cannot be sent to jail

Go to Top

Photo Gallery
Mrs. Komal Kalra Pagarani who is all set to represent India...

Mrs. Komal Kalra Pagarani who is all set to represent India...

Fire at Balaji Studio Killick Nixon Studios in Mumbai...

Fire at Balaji Studio Killick Nixon Studios in Mumbai...

Sikh religious warriors, display their horse-riding skills at an event organized to celebrate...

Sikh religious warriors, display their horse-riding skills at an event organized to celebrate...

Bollywood actor Shatrughan Sinha with his family during Amitabh Bachchan's Diwali party in Mumbai..

Bollywood actor Shatrughan Sinha with his family during Amitabh Bachchan's Diwali party in Mumbai..

Sachin Tendulkar and his wife Anjali with Abhishek Bachchan during Bachchans' Diwali party...

Sachin Tendulkar and his wife Anjali with Abhishek Bachchan during Bachchans' Diwali party...

Narendra Modi clicks photographs during the Diwali Mangal Milan programme at BJP headquarters...

Narendra Modi clicks photographs during the Diwali Mangal Milan programme at BJP headquarters...

Nitin Gadkari leaves after meeting RSS Chief Mohan Bhagwat at RSS headquarters in Nagpur...

Nitin Gadkari leaves after meeting RSS Chief Mohan Bhagwat at RSS headquarters in Nagpur...

Brother & Sister take holy dip in river Yamuna on the occasion of Bhai Dooj...

Brother & Sister take holy dip in river Yamuna on the occasion of Bhai Dooj...

Dhoni talks to Hockey India player Ashunta Lakra during launch of hockey team in Ranchi...

Dhoni talks to Hockey India player Ashunta Lakra during launch of hockey team in Ranchi...

Brother of Thailand's Prime Minister Payap Shinawatra takes part in Robe...

Brother of Thailand's Prime Minister Payap Shinawatra takes part in Robe...

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bangalore - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523