Dec 16 gang rape defence lawyer delays proceedings, says cops' counsel

The Delhi Police counsel on Tuesday told the fast track court trying the December 16 gang rape case that the lawyer for two of the accused was “delaying and disrupting proceedings” to prevent a quick trial.

The defence lawyer was also pulled up by the court.

Special public prosecutor Dayan Krishnan said the advocate of accused Mukesh and Akshay should not delay the trial. “If he continues to do so, an amicus curiae may be appointed by the court,” said the court.

Krishnan’s statement came after Mukesh and Akshay’s advocate M L Sharma filed an application saying he does not get “enough time” to spend with his clients, and he needs a day prior to cross-examining the prosecution witnesses.

He also said his clients were not provided copies of the chargesheet in Hindi, and were not aware of the charges against them.

Filing its reply in court, the prosecution said: “The present application is part of a series of applications being moved by the counsel with the objective of delaying and disrupting proceedings, which are going on daily in the special fast track court.”
Krishnan added that the Hindi version of the documents, including a chargesheet, has already been given to the accused when Sharma was appearing for Mukesh, and is on the record.

Sharma had replaced V K Anand, who was earlier appearing for Ram Singh and his brother Mukesh, after the former was found dead in jail, having allegedly committed suicide.

The prosecution said the present application “cannot be a ground to delay and disrupt proceedings, especially keeping in mind the fact that almost 63 witnesses have been examined” so far in the case.

“The Delhi High Court Rules in the trial of criminal cases require that evidence must be in English. The language of the court is English,” said Krishnan, seeking dismissal of Sharma’s application.

He said the court has already been granting time to the counsel to meet the accused in lock-ups and even in jail. “I don’t want a delay in trial, the counsel can meet them. I don’t have any problem in that,” the police counsel added.

“If he does not want to cross-examine the witnesses, the court can appoint an amicus curiae. The trial cannot be delayed,” said Krishnan.

During the hearing, Sharma questioned the speedy trial of the case, asking why the court is so expeditiously trying this case. Objecting to Sharma’s arguments, Krishnan said: “The court is bound to conduct a fair trial. In every trial, the proceedings should be speedy and once it begins, it should be day-to-day. And the trial in every rape case shall be completed as expeditiously as possible. No adjournment shall be granted.”

Seeks tutor

One of the accused in the Delhi gang rape has sought a tutor to prepare for an interview with the Indian Air Force (IAF), his counsel said here on Tuesday.

Accused Vinay Sharma’s counsel moved an application before the fast track court hearing his case seeking that a ‘tutor be provided to Vinay to help him prepare for his interview for C grade category of the IAF and that he will serve the force.

Sharma’s counsel also pleaded for a day-to-day trial saying that a call letter for selection test for recruitment of group 'C' civilian LDCs in Indian Air Force had been received by the accused. “My client has got a call letter to appear for an interview with the IAF. A tutor or guide be provided to him. The test will include general knowledge.

He will have a job and will lead a good life ahead. He will earn well. He is the only breadwinner in the family. He will serve the Indian Air Force,” Sharma’s counsel said.
Additional sessions Judge Yogesh Khanna asked the police to file their reply on the application and posted the matter to April 28.