Supreme Court transfers cheating case against congress MLA Rajendra Bharti from Madhya Pradesh to Delhi

The Supreme Court on Tuesday directed that the cheating case against Congress leader and MLA Rajendra Bharti be transferred from Madhya Pradesh to Delhi [Rajendra Bharti v. State of Madhya Pradesh].

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta also directed that the transferee court must conclude the proceedings within six months.

“Petition allowed. Transfer it to Delhi. Trial to be concluded by the transferee Court within a period of six months, ”Court ordered.

The order was passed after Bharti moved the Court alleging intimidation of defence witnesses.

Rajendra Bharti, a three-time MLA from the Datia constituency in Madhya Pradesh and a senior leader of the Indian National Congress, is facing trial in a cheating case.

Bharti approached the Supreme Court seeking transfer of the case. He claimed that local circumstances and political interference could impede a fair hearing

In February 2025, an earlier Bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan had stayed the trial proceedings, noting that the right to a fair trial entails giving the accused an effective and full opportunity to defend himself.

When the matter was taken up on Tuesday, Senior Advocate Kapil Sibal, appearing for Bharti, told the Court that the criminal proceedings were politically motivated and aimed solely at disqualifying the MLA from the Assembly by securing a conviction. He argued that there was a clear attempt to influence the outcome of the trial.

"The whole problem has arisen because he won the election. They want that he get convicted for 3 years so that he loses his membership. That's all. That's the whole game," he submitted.

Additional Solicitor General SV Raju, representing the State, opposed the plea, asserting that there was no justification for transferring the trial.

Raju stated that the State had already extended all necessary protection to ensure fairness and compliance with the Court’s directions.

“It doesn’t require the transfer. We have given the best of protection that this Court directs,” he argued.

After considering the rival submissions, the Court orally remarked that, on the face of it, the witnesses appeared to have been threatened. It added that justice must not only be done but also seen to be done.

Accordingly, the Bench ordered the transfer of the trial from Madhya Pradesh to Delhi.

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