Kerala actress assault: Supreme Court dismisses survivor's plea for transfer of trial against Dileep to another judge

The Supreme Court on Friday dismissed a plea seeking transfer of the trial in the abduction and assault case against Malayalam actor Dileep from the judge currently hearing the case to another judge. .A bench comprising Justices Ajay Rastogi and CT Ravikumar dismissed he plea filed by the survivor-actor who alleged bias on the part of the trial judge presently conducting the trial. The apex court observed that it could not not allow all petitions alleging bias as it would lead to judges not being able to hear cases without fear and favour."What is clear is in such matters High Court and only High Court has to take a call," the court further reasoned. .The Court also orally observed that in the kind of environment prevailing at this time, no subordinate judge would want to hear criminal criminal matters. "Any observation they make is used against them. We are sorry to say, but we are all responsible for it, same fashion is going on in High Courts as well," the Court said..The plea being heard by the bench was an appeal against the decision of the Kerala High Court refusing the transfer of the case from the present trial judge.Justice Ziyad Rahman AA of the High Court had said that the evidence submitted was not sufficient to justify the apprehensions drawn by the survivor against the Session Court Judge.The Court also noted that the Supreme Court had recently directed that the trial in the case be concluded by January 31, 2023 and suggested that the trial court may decide to conduct the trial on a day-to-day basis if necessary..In 2017, several persons including Malayalam cine actor Dileep were arrested and charged with various offenses under the IPC, including Sections 366 (kidnapping), 120B (criminal conspiracy), and 376D (gangrape).The prosecution case is that Dileep and his associates orchestrated and executed a revenge crime against the prominent actress by having her abducted and assaulted in a moving vehicle.It was alleged that the survivor had a role to play in Dileep’s separation from his now ex-wife..The survivor had first approached the Court seeking a female sessions judge which was allowed by the Court. She then approached the Court seeking to transfer the trial, alleging bias on the part of the Sessions judge, citing the resignation of a Public Prosecutor over some comments the judge had allegedly made. This was dismissed by the Court..Earlier this year, the Sessions Judge who was trying the case was transferred from the Special CBI Court to the Principle District Court. The trial was transferred along with the judge.The survivor then approached the High Court seeking transfer of the case from the said court to any other Sessions Court having jurisdiction to try the same, making some allegations against the Sessions judge..Senior Advocate R Basant, with advocates K Rajeev, Niveditha R Menon, and Aditya Verma appeared for the survivor. Senior Advocates Mukul Rohtagi and Siddhartha Dave with advocates Philip T Varghese, Sujesh Menon, Ranjeeta Rohatgi, Pragya Baghel, and P Vamshi Rao represented the respondents. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.