Decision On Change Of Venue Later

The Delhi police commissioner moved the Supreme Court seeking the shifting of the trial from the regular trial courts housed at the crowded Tis Hazari complex to an annexe at Vigyan Bhavan in central Delhi. The main reason for the shift in venue, according to Additional Solicitor General K N Bhatt, is the security threat to the former prime minister.

It is not because he is a VIP, or that he is a special person that a change of venue is sought, the counsel told the judges, who heard the case in a crowded court for more than two hours.

 

The counsel reminded the division bench consisting of Justice M M Punchhi and Justice K T Thomas that during the examination of former prime minister Indira Gandhi at the Allahabad High Court, a person wearing a lawyers robes and carrying a loaded revolver was held.

In the Tis Hazari complex, there are about 250 courts and nearly 5,000 advocates come and go, along with their clients and other visitors. It is beyond the police to ensure total security in such circumstances, the counsel said. He also referred to the Justice Verma report on Rajiv Gandhis assassination.

Bhatt said Indira Gandhi assassination trial was held in Tihar jail of Delhi. K P S Gill, former IG was tried recently in a police stadium. The Bombay blast case was heard in the Arthur Road prison. Therefore, there was nothing special about shifting of the venue in sensitive cases.

The police commissioners appeal has come in the wake of an administrative committee of the Delhi high court declining the request of both the police chief and the SPG director for change of the venue.

While rejecting the request, the high court had said that this would set a bad precedent if the venue was allowed to be shifted as Rao was not entitled to any different treatment while answering summons from the court of additional sessions judge Ajit Bharihoke in the Lakhubhai Pathak cheating case.

Delhi Bar Association counsel Rajiv Dutta and Vipin Nair moved an intervention application opposing shift in the venue of the trial. They asserted that there was no threat to his security and if the prayer of the police was allowed, it would set a bad precedent.

The judges, however, rejected another intervention application by a senior advocate, O P Sharma, seeking a direction to the effect that SPG cover be made available to the prime minister and all former prime ministers according to the law passed to this effect.

Earlier, the places suggested by the police were Patiala House court complex and Pragati Maidan.

Now the police finds that Vigyan Bhavan annexe is the least inconvenient to the public.