ASHIANA CASE: A GAME OF ‘APPEALS’ TO BUY TIME

LUCKNOW: For the prime accused in the Ashaina gang rape, the legal battle seems to have become a game of appeals now. Soon after he was declared a major by the Juvenile Justice board on January 15 this year, nearly five appeals have been filed by the accused against every decision not in his favour.

Now, after the Lucknow sessions court rejected his appeal against the board that denied any more opportunity to the prime accused on Monday, he demanded a week’s time at the JJ board on Thursday. In his application submitted to the board where his hearing was scheduled on the day, the accused said that he had to file a revision in the high court against the order and thus required some time. The board granted him a week’s time and the next hearing has now been scheduled for July 16.

On January 18, his appeal for stay orders on the decision was declined by the district judge. Thereafter, the accused filed an appeal against the decision of the board in the session’s court. The appeal was partially held and the case was remanded on March 21. The accused then filed an appeal in the session’s court when his application to call Mohammad Mustakim, (father of a girl against whose scholar registration number the accused was registered in school from where he appeared for Class 10) was rejected by the board. After his appeal was rejected by the sessions court, a review was filed in the high court on May 10, which is still pending.

The accused then moved an application before the board to adjourn the hearing as revision was pending in the high court. The JJB turned down this plea and decided to proceed because there was no stay from the HC . The accused challenged the board’s order, alleging that he was not granted time to prove his point.

The victim’s lawyer Jalaj Gupta said, “The sole aim of the accused is to delay the matter as it is the only way he can buy time.”