Supreme Court rejected a request to transfer the trial to a different court made by the survivor of a sexual assault case in which Malayalam actor Dileep is a defendant. The transfer had been rejected by the Kerala High Court in September, and the survivor then appealed to the Supreme Court.
As Justices Ajay Rastogi and C.T. Ravikumar stated to the senior attorney R. Basant, who is representing Malayalam actor Dileep, “We cannot permit complaints of bias, as judges won’t be able to carry out their responsibilities without fear or favour. In these situations, the High Court must determine whether the case qualifies for transfer or not. If this court accepts phone calls, a poor precedent would be created. “
It’s possible that the numerous conversations and debates held by different news channels in relation to this issue for days and months formed some false impressions about the trial and seemed to affect the general public, including the petitioner.
Although I believe the petitioner has the right to submit this, I have every reason to believe that she is a victim of false views and aspersions made by the media, “the supreme court has said. The petitioner had argued that if the lower court was not altered, she would not receive justice and the trial would not be impartial.
In addition, the survivor said that there were multiple occasions when the special public prosecutor was unable to move forward with the trial and that Dileep repeatedly and persistently tried to intimidate and sway the witnesses.
She alleged that the transfer of the case by an administrative order was unlawful and that it occurred when the judge was transferred from one court to another as the senior sessions judge.
On the evening of February 17, 2017, Several people were detained and charged with offences under the IPC in 2017, including Sections 366, 120B, and 376D, including Malayalam actor Dileep. According to the prosecution, the accused recorded the entire incident in order to extort the actress.
Justice Rastogi mentioned that burdened with matters where the High Courts should have been the final court of appeal. “With all due respect, why do you then send out notices in these situations? “After a notification is sent, it is claimed that the court is overburdened with these matters,” stated Mr. Basant. Prior to January 31, 2023, the Supreme Court had mandated that the sexual assault case’s trial proceedings be concluded.