HC rejects plea for transfer of trial from CBI court

CHANDIGARH: The Punjab and Haryana high court on Friday dismissed a plea seeking transfer of trial in the murder of former Dera Sacha Sauda (DSS) manager Ranjit Singh from the special CBI court, Panchkula, to other court.

Dera head Gurmeet Ram Rahim, who is behind bars, faces allegations of conspiracy in the murder.

One of the accused, Krishan Lal, had filed the petition after it got rejected by the CBI special court, Panchkula, arguing that same judge had already convicted Ram Rahim and others in two other cases of rape of female disciples and murder of a Sirsa based journalist Ram Chander Chhatarpati. The testimony of Khatta Singh was main evidence in those cases, and since the judge concerned has convicted Ram Rahim those cases too relying heavily upon the statement of Khatta Singh there is every likelihood that a similar opinion could be formed in the present case as well, the court was told.

The HC bench of Justice Gurvinder Singh Gill termed the apprehension as “misconceived” further observing that the judge would be appreciating all such evidence which is led during the course of present trial in order to reach at an independent finding as to whether the charges framed against the accused are established or not. “It is only the substantive evidence recorded or produced in the present case which form basis of any finding as may be reached at by the trial court. There is no such concept in criminal jurisprudence that if an accused is found guilty in one case, he would be held to be guilty in other identical case. Each case has to be established by prosecution by leading evidence independently,” the court said.

The bench added that the mere fact that the court found Khatta Singh’s testimony reliable in an another case cannot lead to a conclusion that the it would be influenced by the fact while deciding another case. Deleted

Ranjit Singh, who had reportedly developed differences with Ram Rahim after the allegations of rape of female disciples surfaced, was shot dead in Kurukshetra on July 10, 2002. The other accused are Avtar Singh, Inder Sain, dera manager Krishan Lal and alleged shooters Jasbir and Sabdil Singh. Ram Rahim, lodged in a Rohtak jail, was convicted by the CBI court in Panchkula on August 25, 2017 for rape of two female disciples and sentenced to 20 year imprisonment. On January 17, 2019, the CBI court sentenced him to life term for the 2002 murder of Chhatarpati.