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New Delhi, October 7 (IANS) The Supreme Court on Tuesday allowed a petition filed by Madhya Pradesh Congress MLA Rajendra Bharti, seeking transfer of an alleged cheating case outside the state.
A bench of Justices Vikram Nath and Sandeep Mehta noted that the defense witnesses were pressurized, and in particular, a witness statement recorded by the Investigation Authority was mentioned, in which the witness claimed that she was frightened by local leaders to not testify Bharti’s favor.
A bench led by Justice Nath further stated that in a preliminary report, the investigating officer had recorded the statement of the witness about the dangers, but in a later report, the aspect was ignored.
Earlier in February, the Apex Court stopped the pending proceedings before the Additional Sessions Judge in Gwalior, given that the trial court had sufficient material in the records that alleged that there was an allegation that the defense witnesses were demanded to scare.
“The trial court should have taken appropriate action on the basis of material as well. When we taught the AAG (Additional Advocate General) and the lawyer who appeared for the defendant-state (Madhya Pradesh), they had no answer to the question as to what the state had investigated or investigated on the basis of the extremes made by the petitioner (Rajendra Bharti.”
In its order, the Supreme Court emphasized the duty of the state machinery to ensure that a fair test be conducted. “We must record that it is the duty of the state to ensure that a fair testing is conducted. A fair test means that the accused is provided full opportunity according to the law to defend themselves,” it was said.
Following the comments of the apex court, a committee of three police officers was formed to inquire on charges of threats of defense witnesses. However, the Supreme Court said in an order passed in April this year that “proper investigation has been done” on charges of pressure on defense witnesses “.
“We hoped that the state -appointed officers have been appointed to see every and every allegation made by the petitioner and every allegation made by the record conclusions. It is the duty of the state to ensure that it is a proper test, which is an essential part of guaranteed rights under Article 21 of the Constitution of India,” This comment was asked by the state officials to do a “better investigation”.
In the 2023 Madhya Pradesh Assembly elections, Rajendra Bharti won the Datia seat in the Gwalior-Chambal region, defeating senior BJP leader Narotam Mishra, who held the portfolio of the Home Minister in the Shivraj Singh Chauhan government.
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