Oft-Quoted Aphorism ‘Not Only Must Justice Be Done; It Must Also Be Seen To Be Done’ Applies To Victim Also: Chhattisgarh HC [Read Order]

The ratio that justice not only to be done but also seems to be done equally applies to the victim also, said the Chhattisgarh High Court while transferring a case on a plea of a wife of a person allegedly killed in police custody.

The widow of a man who has killed allegedly while in police custody had approached the high court, seeking transfer of the criminal cases from the court in Baloda Bazar to any other court in Raipur or nearby area. She contended that the police administration is trying to conclude the trial and fast-track the same by pressurizing eye-witnesses in this case.

She submitted before the court that her application seeking permission to engage a counsel by her to argue the case on her behalf in addition to the counsel appointed by the prosecution was dismissed by the trial court, though with an observation that she may submit final arguments at the time of final adjudication.

The court also took note of the statement of one of the eye-witnesses who filed the affidavit stating that he was pressurized to give a statement in a particular way favouring the accused. The court also observed that the accused, who are police personnel, and the remaining witnesses are residing at Baloda Bazar wherein the trial is pending, therefore, the indictment cannot be overruled.

“If the facts are looked into from the angle of victim that she/he would suffer injustice because the fight is against the entire department of Police, the apprehension holds the sway in favour of transfer of the case from the venue. The ratio that justice not only to be done to the accused but also seems to be done equally applies to the victim also. Considering the facts situation of the case, I am of the opinion that the case may be transferred to a competent Sessions Court of Raipur,” Justice Goutam Bhaduri said while ordering transfer of case.