The Supreme Court on Friday directed the transfer of trial in the murder case of right wing Hindu Samaj party leader Kamlesh Tiwari from Lucknow to Prayagraj on a plea by accused claiming communally-surcharged atmosphere there.
A bench presided over by Justice Sanjay Kishan Kaul took into consideration a plea moved by Ashfaq Husen and nine others accused.
The plea, filed through advocate Somesh Chandra Jha, claimed “petitioners would be risking their life, if the trial is conducted in Lucknow district, as they have been already threatened through local lawyers”.
The plea contended that it was not safe for the petitioners, who are already on bail, to go alone and attend the court.
“The petitioners have been already physically and mentally harassed in the presence of police officials and in the court of law, it alleged.
On January 18, 2020, the petitioners and their counsel were man-handled and also a false and frivolous FIR was lodged against them.
Senior advocate Meenakshi Arora appeared for the petitioners.
After hearing arguments, the bench directed for transfer of trial from Lucknow to Prayagraj.
The plea contended that since the petitioners are not able to represent themselves in a just and proper way before the trial court owing to the backlash faced by them, it would be in interest of justice if the case is transferred from Lucknow to a neutral place.
It also claimed seven out of 10 petitioners have gone unrepresented for many dates and bail applications of two accused got dismissed for non-prosecution on July 21, 2020.
Kamlesh Tiwari was murdered in Lucknow in October 2019 with stabs and a gun shot. In December 2020, the Uttar Pradesh police had filed chargesheet against 13 accused in the case.
(Published 24 September 2021, 17:56 IST)
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