New Delhi: The Supreme Court on Friday dismissed the petition filed by the survivor in the actor sexual assault case seeking to transfer the trial to another court.
A bench comprising Justices Ajay Rastogi and CT Ravikumar refused to interfere with the Kerala High Court's order that rejected the survivor's transfer plea. She had approached the apex court alleging bias on the part of the presiding judge of the trial court.
The bench observed that a Supreme Court intervention would create a "bad precedent".
The bench also observed allowing 'improper questions' cannot be treated as showing bias. "We cannot allow all such petitions alleging bias, judges will not be able to discharge their duties without fear and favour then," the bench orally observed.
Senior Advocate Mukul Rohatgi, appearing for actor Dileep, who is facing trial in the case as the alleged prime conspirator, submitted that the survivor's attempt was to delay the trial. Rohatgi urged the bench to impose heavy costs on the petition.
The petition was filed against the High Court which dismissed the survivor's plea observing that no ground has been made out to show the personal bias of the judge.
(With inputs from Live Law.)
