Sagar Dhankhar Murder case: Delhi HC refuses to transfer case to fasttrack court
Dec 16, 2022
New Delhi [India], December 16 : The Delhi High Court on Friday refused to transfer the Sagar Dhankhar murder case to a Fast Track court while requesting the trial court to go with a trial of the case expeditiously. The case involves former Olympian Sushil Kumar alongwith several other criminals.
Justice Anish Dayal on Friday disposed of the plea moved by the father of deceased Sagar Dhankhar that sought transfer of the murder case of his son to fast track court for time-bound disposal like the Nirbhaya gang rape case.
During the arguments, the court noted the submissions of standing counsel for Delhi Police that the chargesheet has been already filed against 18 accused and 2 more arrested also taken later so a supplementary chargesheet would be filed soon. The trial is at evidence stage and there is no delay in any part
The Court also orally observed that every celebrated case can't be sent to fast track court.
Advocate Joginder Tulli appeared for the deceased father/petitioner and stated," The accused persons in the present case are well-connected and influential. Some of them are government servants and also belong to the notorious Kala Asodha Gang and the main conspirator Sushil Kumar is a world-famous celebrity and Olympian."
"The probability of winning over the material witnesses and evidence in the present case is high as the Prosecution Witnesses are more than 200 in the present case and the trial is yet to reach the stage of Prosecution Evidence after a period of 1 year and 5 months of the filing of chargesheet, the petition stated. This matter has been listed on January 21, 2023 for the purpose of admission or denial of witnesss and evidence," stated the plea.
The petitioner stated that in the Nirbhaya rape case, the Law ministry set up a Special Fast Track Court which led to a speedy trial of the said case which was instituted in January 2013 and the judgment of conviction was delivered in September 2013. There was a voluminous Charge sheet and about 85 Prosecution Witnesses examined before the Special Fast Track Court.
"The Constitution of our Country guarantees Speedy trial as a fundamental right which is an integral thread for obtaining justice," the petitioner submitted.
The petitioner also referred to the judgement of the Supreme Court in the case Hussainara Khatoon wherein it was held that speedy trial is part of Article 21 of the Constitution guaranteeing the right to life and liberty. It was also submitted that in the case of Hussain, the Supreme Court has issued directions for concluding trials by the sessions Court within 2 years.
