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SC scraps Kerala govt plea for change of trial judge in 2017 actor abduction case

A bench of Justices A M Khanwilkar, B R Gavai and Krishna Murari upheld the verdict of the Kerala High Court, which had also junked the state’s prayer for a change of judge.

By: Express News Service | New Delhi | December 16, 2020 2:01:26 am
The court, in its judgment, said the prosecution couldn’t prove the charges against the accused.

The Supreme Court Tuesday rejected the Kerala government’s plea for a change of the trial court holding hearings in the 2017 actress abduction and sexual assault case — in which popular Malayalam actor Dileep is named as an accused.

A bench of Justices A M Khanwilkar, B R Gavai and Krishna Murari upheld the verdict of the Kerala High Court, which had also junked the state’s prayer for a change of judge. The bench took exception to the charges levelled against the trial court judge and said it will adversely impact the court’s morale.

Rejecting the prayer, the HC, in its November 20 order, had said there was no merit in the contention that it would be appropriate for the special trial court judge to step back from the case. The order said “being a case transferred by the HC and the SC having prescribed a time limit for completing the process, the judge cannot be expected to recuse, as long as her conscience is clear. The endeavour of every judge should be to get rid of his personal predilections and prejudices and to decide the cases dispassionately….’’

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