In letter, victims brother alleges corrupt practices in court; ASJ seeks transfer of case
The trial against former MCD deputy chairman and Congress councillor Ashok Jain and his associates for allegedly murdering a realtor and running a crime syndicate has witnessed yet another twist with a city court expressing unwillingness to try the case in the wake of a graft allegation against it.
Perturbed by the accusations of the victims brother,who shot a letter to the Chief Justice of India complaining about corrupt practices in her court,Additional Sessions Judge (ASJ) Madhu Jain sent the matter to the District Judge for transferring it to some other court. Due to this complaint addressed to Honble Chief Justice,I do not want to try this case. It is,therefore,requested that the case be transferred to some other court of competent jurisdiction, ASJ Jain wrote in her order.
On April 27,a copy of the letter was produced in court by complainant Abhay Yadav,brother of Vijay Yadav,who was allegedly murdered by Jain and nine co-accused in September 2007.
Last week,ASJ Jain took it up and called Abhay and Inspector K G Tyagi,the Investigating Officer (IO) of the case who is currently suspended,to the courtroom. The two,however,left the premises. The judge then asked an Assistant Commissioner of Police from Central Delhi to call them.
The senior officer,however,replied that he would be unable to do so. Infuriated that the ACP had no control over his subordinates,ASJ Jain issued non-bailable warrants against the two Deputy Commissioners of the Police (Crime and Central Delhi). Following this,Additional DCP (Central) rushed to the court and questioned the judges order. He said that when there were several agencies of the state,how could the DCP (Crime) and DCP (Central) be held responsible if the IO or the complainant had not appeared.
ASJ Jain however dismissed this argument. No doubt there are numerous agencies,but in a criminal case,it is the prosecution as well as the police department that represent the state… if the senior officers of any department are not responsible for the conduct and behaviour of their junior ones,then who is responsible for the same? noted the court.
Meanwhile,Tyagi appeared in the court but professed ignorance over the whereabouts of Abhay. When asked why he had left the court premises earlier,he said he had to go for another hearing in a Rohini court. Following this,ASJ Jain said she has had enough and decided to give up on the trial of the case. District Judge Pratibha Rani will take a decision on the transfer plea later this week.
Jain and nine others are facing trial for allegedly murdering realtor Vijay on September 29,2007,at Hauz Quazi in North Delhi. Police had also slapped MCOCA charges against the accused for committing a series of crimes as part of an organised crime syndicate.