Shahid Azmi murder: HC rejects plea of accused to transfer trial of case to another court

The accused had first approached the Principal Judge of the Mumbai City Civil and Sessions Court last year seeking a transfer of the case, claiming that while a witness’ behaviour in court during cross-examination by the defence advocate was not proper, the trial court had not made note of it, nor warned him.

The Principal Judge had rejected the plea following which Solanki approached the HC. The trial was stayed pending a decision on the application.

The HC said that the witness is expected to be courteous while answering questions during cross-examination and the dignity of the advocate has to be maintained. It said that the trial court is required to protect the witness and see that the deposition is carried out in a manner to meet the ends of justice.

“However, the material on record is not sufficient to draw the conclusion that the trial court is biased against the applicant (Solanki) and that he would not get fair trial before the court,” Justice Prakash Naik said.

Azmi, who represented various accused including those in terror cases, was killed in his office in Taximen’s Colony in Kurla on February 11, 2010 by three assailants.