SC transfers trial in cheating case against Congress MLA from Madhya Pradesh to Delhi

New Delhi, Oct 7 (PTI) The Supreme Court on Tuesday transferred the trial in a cheating case against Congress MLA Rajendra Bharti from Madhya Pradesh to Delhi after taking note of the claim that efforts were made to intimidate defence witnesses.

A bench of Justices Vikram Nath and Sandeep Mehta passed the order while hearing a plea filed by Bharti, who said there was an attempt to intimidate the defence witnesses in the case.

During the hearing, the counsel appearing for Madhya Pradesh said the state was willing to provide police protection to the witnesses and the trial should not be transferred.

The bench emphasised that justice must not only be done, but must also be seen to be done.

It allowed the petition and transferred the trial from Madhya Pradesh to Delhi.

While hearing the matter in February this year, the apex court had said prima facie, it appeared that there was enough material placed on record before the trial court containing an allegation that defence witnesses were tried to be intimidated.

It had observed that trial court should have also taken appropriate action on the basis of the material.

The top court, which had stayed the further proceedings in the case pending before a court in Gwalior, had said it was the state's duty to ensure a fair trial was conducted.

In April this year, the apex court observed that proper investigation was not made by the officers appointed by the state into the allegations made by the petitioner regarding putting pressure on the defence witnesses.

It had directed that a better investigation should be carried out and a report be submitted to the court within one month.

Bharti claimed former state home minister and BJP leader Narottam Mishra was allegedly trying to influence the trial by colluding with the district public prosecutor and the additional district public prosecutor.

A complaint was filed by a bank manager accusing Bharti of cheating after he reportedly made a deposit in his mother's name in the district cooperative rural bank. Bharti has denied the allegations. PTI ABA ABA DV DV