A Delhi court today refused to hear the interim bail plea of Vinay Kumar, one of the accused in the December 16 gangrape case, for appearing in an examination, saying it has "no jurisdiction".
Vinay, who along with three other co-accused is being tried by a special judge at Saket District courts, moved the bail plea before a vacation court at the Patiala House District Courts here.
He contended that vacation judge at the Patiala House Courts had jurisdiction to hear his plea as the cases relating to Vasant Vihar police station have been transferred here pursuant to a recent administrative order of the Delhi High Court.
Additional Sessions Judge Dharmesh Sharma, vacation judge at Patiala House courts complex, said, "On perusal of record, I find that the main proceedings are pending before the special designated court/fast track court at Saket courts complex and therefore, this court has no jurisdiction to hear/consider the application moved.
"The application be sent to the court concerned at Saket courts complex for disposal as per law for tomorrow i.e. June 20," he said.
Vinay had sought interim bail for a month saying he had to appear in BA (Programme) examination to be conducted by School of Open Learning, University of Delhi.
His counsel A P Singh told the court that his first paper was scheduled today at 3 PM and Vinay be sent under custody to appear in the examination.
During the hearing, special public prosecutor A T Ansari said the trial in the case is going on in a special fast track court at Saket and the interim bail application should have been filed there.
Besides Vinay, three co-accused -- Akshay, Pawan Gupta and Mukesh-- are facing trial for allegedly gangraping a paramedic student in a moving bus here. The victim succumbed to injuries on December 29 last year at a Singapore hospital.
Ram Singh, the driver of the bus, who was also an accused, was found dead in Tihar jail in March. Proceedings against him stand abated. The sixth accused in the case is a juvenile who is facing trial before the juvenile justice board here.
During the hearing, Vinay's counsel told the court he had received admit card for the exam last Saturday after which he had approached the Saket court for bail but was told there that the vacation judge of Vasant Vihar police station, where the case was lodged, would hear it.
He said as Vasant Vihar police station falls under the jurisdiction of Patiala House courts, the bail plea should be heard and Vinay be allowed to appear in the exam which would commence today.
"His (Vinay) future depends on this examination. So, it is necessary to appear in this examination for the applicant and the Right to Education is the fundamental right in the Constitution of India," his plea said.
The police opposed his plea saying Vinay is trying to inflict injuries on his body and he should not be granted the relief.
The court, however, said trial in the case is pending before the special court at Saket, so it does not have the jurisdiction to hear it.
"Trial is pending before the competent court. How can I decide? I am not going to decide. I am sending it back to the concerned court," the judge said.
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