Kerala actor sexual assault case | Supreme Court dismisses survivor’s plea for change of court

NEW DELHI:

The Supreme Court on Friday, October 21, 2022, dismissed a plea by the survivor of a sexual assault case, in which Malayalam actor Dileep is involved as accused, to transfer the trial to another court.

The Kerala High Court had in September refused the transfer, following which the survivor had approached the apex court.

"We cannot allow petitions alleging bias, judges will not be able to discharge their duties without fear and favour… In such matters the High Court has to see whether it is a fit case for transfer or not. If this court starts taking calls, it will set a bad precedent," a Bench of Justices Ajay Rastogi and C.T. Ravikumar addressed senior advocate R. Basant, appearing for the survivor, who is also an actor.

Mr. Basant said his client wanted the trial to be fair "to all". He tried to persuade the Bench that the presiding officer was biased in favour of the accused. He said his client has lost faith in the trial judge.

"My concern is this is not a fair trial," Mr. Basant contended. He urged the court to not "abdicate" its jurisdiction.

Appearing for the accused, senior advocate Mukul Rohatgi said the petition should be dismissed, that too, with costs. He said 207 witnesses have been examined.

As an aside, Justice Rastogi said the apex court is saddled with cases in which litigation should have stopped at the level of the High Courts.