Katara case: SC dismisses plea of third accused to shift trial

NEW DELHI: The Supreme Court on Friday refused to shift the trial of the third accused in the Nitish Katara murder case, Sukhdev Pahalwan, from Delhi to Ghaziabad.

Pahalwan's prosecution was segregated from the other two accused Vikas and Vishal Yadav, who were sentenced to life imprisonment in April, due to his late arrest.

Sukhdev's trial could not be conducted along with the other accused as he absconded after the incident and was arrested three years later. By the time of his arrest, the trial had reached an the advanced stage.

A Bench headed by Chief Justice K G Balakrishnan dismissed Sukhdev's petition seeking to transfer the case on the ground that his trial by Additional Sessions Judge Ravinder Kaur, who convicted the other two accused was not going to be fair, as in her judgement she had made adverse remarks against Sukhdev.

"You (accused) have to face the consequence for absconding. You cannot take any benefit. You have no right," the Bench, also comprising Justices P Sathasivam and J M Panchal, said.

"You should have appeared before the trial court," the Bench said and added that it was impossible to grant any relief at this stage. "It is easy for the accused to abscond and now seek for the transfer of the case," the Bench said, declining to accept the plea of Sukdev's counsel that he would not get fair a trial by the same judge who has convicted other two accused.

Sukhdev was declared as a proclaimed offender in the case and the trial in the case had proceeded against Vikas and Vishal Yadav.