Chhatrasal Stadium Murder: Delhi HC Refuses To Transfer Trial From Rohini Court, Directs Witnesses To Seek Recording Of Evidence Through Virtual Mode

The Delhi High Court has directed the prosecution witnesses in relation to the Chhatrasal Stadium murder case to approach city's Rohini Court seeking recording of their evidence through virtual mode.

The case relates to the death of former junior national wrestling champion Sagar Dhankhar. Wrestler Sushil Kumar is one of the accused in the matter.

Justice Jasmeet Singh disposed of a plea filed by victims and prosecution witnesses in the case who alleged being beaten mercilessly by more than 20 gangsters of various gangs of the city when the alleged incident took place, which resulted into death of one of victims namely Sagar Dhankar.

The plea had therefore sought transfer of trial in the case from Rohini Court to some other district court in the interest of safety of the victims and prosecution witnesses for a fair and impartial trial as also an 'in-camera' day-to-day hearing in the matter.

"Keeping in view of the aforesaid, the petition is disposed of with the directions that the petitioners shall approach the Court of ASJ-04, Rohini Court, Delhi seeking recording of their evidence through virtual mode. For the reasons stated and noted hereinabove, the application when filed shall be considered and decided by the ASJ at the earliest," the Court directed.

The development came after the Court perused the status report filed by the Delhi Police stating that a squadron of the Delhi Police as well as Para Military Forces (Nagaland Armed Police) have been deployed in the Court Complex for the security of all concerned persons.

"Every person and bags are thoroughly checked prior to entering the court complex. Vehicles are also checked at every entry point. There is no issue of safety and security of victims/prosecution witnesses. Victims/Prosecution Witnesses may tender their testimony without any fear at Rohini Courts, Delhi like in any other District Court in the State of Delhi," the status report read.

The status report had also stated that the Principal District & Sessions Judge of the Rohini Court had already ordered the Police to provide protection 24x7 to all the victims or witnesses of the case and that all the four victims of the case were offered police security, however none have taken police security except one.

It was also said that since the other victims reside in the State of Haryana, the Haryana Police has agreed to provide protection to them.

"The police are obliged by the order of the Hon'ble Sessions Judge to provide 24x7 protection to the victims as and when they arrive in the jurisdiction of Delhi Police," the status report had added.

The Delhi Police had also stated that after the three victims were examined and their statements were recorded to gauge the threat perception, all that they had stated was that they were threatened that if they will tender any testimony against the Sushil Kumar and his associates, they will be killed.

According to the petition, the co-accused persons in the case were notorious criminals who were either based nearby areas of Rohini District Court or to the adjoining borders of Haryana having complete knowledge about the Rohini area.

The petitioners alleged that there was great apprehension in their mind that it wouldn't be safe and secure for them for going to the deposition in the Rohini Courts Complex.

"That the investigating agency has made 150 witnesses in the present matter and the testimony of 150 witnesses would take a long time period to complete the trial, therefore the petitioners will end up visiting the court for years for justice and such delay in proceedings violates the petitioners right to life and personal liberty and leads to mental anguish. Their worry, anxiety, expense and disturbance due to undue delay should be minimised," the plea read.

Sushil Kumar was arrested from Delhi last year. His associate, Ajay Kumar, a physical education teacher at Chhatrasal Stadium, was also arrested from the Mundka area.

The Delhi Police had registered an FIR under sec. 302 (punishment for murder) and sec. 308 (attempt to commit culpable homicide), 365 (abduction), 325 (voluntarily causing grievous hurt), 323 (voluntarily causing hurt), 341 (wrongful restraint), 506 (criminal intimidation), 188 (Disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life), 34 and 120B (criminal conspiracy) of IPC along with sec. 25, 54 and 59 of the Arms Act.

Reportedly, Sagar, who had been training at the iconic Chhatrasal Stadium, died while two of his friends got injured after they were allegedly assaulted by Sushil Kumar and some other wrestlers on May 4, 2021, at the Chhatrasal Stadium premises in Delhi. 

The plea has been moved through Advocates Pallavi Pipaniya, Paras Punyani, Deepak Mathur, Sandeep Kumar, Akash Sethi, Nikita Garg, Imtiyaz Hussain, Aditya Sharma and Lakshay Tomar.

Advocate Ajay Kumar Pipaniya appeared for the petitioners in the matter.

Case Title: AMIT KUMAR AND ORS v. STATE (GOVT OF NCT OF DELHI) AND ANR

Citation: 2022 LiveLaw (Del) 397

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