'Every Body Want Disposals, If You Run Behind Disposals, Justice Has To Sacrifice': Justice Rastogi

In the course of the hearing of a transfer petition in a rape matter, Supreme Court judge Justice Ajay Rastogi on Wednesday orally remarked that "the system has been such that, everybody wants disposal, disposal everyday, morning, evening, disposal goes on", adding that "you run behind disposal, then justice has to sacrifice"

The bench of Justices Rastogi and Bela Trivedi was hearing the advocate for the petitioner whose case was, inter alia, that the victim was cross-examined for hours in the absence of the judge or even the PP, and that the victim was forced to give the FIR in Hindi despite not being comfortable in the language.

"They are forcing me to settle the matter. At every stage, I have been forced to settle the matter", the advocate submitted, praying for the transfer of the Sessions Case pending before the Additional District and Sessions Judge, Gurgaon, Haryana.

Justice Rastogi said, "The High Court is pulling them for disposal. What can be done? We are also responsible for it. We are pulling them to give us disposal. I just don't know whether we are asking disposal or justice"

Justice Rastogi continued, "Have you ever appeared in the Patiala House Court (Delhi)? What is the mechanism to record evidence? It is the same procedure....It is unfortunate, very unfortunate happening....We cannot countenance....only because the system has been such that nowadays, everybody wants disposal, disposal, everyday, morning, evening, disposal goes on. I mean, you run behind disposal, then justice has to sacrifice"

The advocate pressed, "But there cannot be procedural irregularities"

Justice Rastogi asked, "Tell us one thing, out of 15, 11 witnesses are examined. If it is correct, what remains to be examined?"

"Please pass some directions", prayed the advocate

Justice Rastogi asked, "What directions are you asking the court? Tell us, if we find the directions then certainly...."

"I have received threats, I have been influenced from all 4 corners", replied the advocate.

Justice Rastogi asked, "Your own statement recorded?"

"Yes", replied the advocate

Justice Rastogi said, "When, how long? If you have not been able to stand for yourself for any evidence being recorded, what can be done?"

"I have filed complaints before that also that I was being victimised, that the investigation was not proper, I have filed applications. After filing the application, they filed the chargesheet within 15 days", replied the advocate

Justice Rastogi asked, "You have some relation with accused?"

"Initially it was. But it was not consensual, I denied it completely", responded the advocate.

Justice Rastogi questioned, "So either you were in relation with him...."

"It was initially", replied the advocate

The bench then passed the following order- "We have heard the parties and we have been informed by the counsel for the state that out of 15 witnesses in the calendar of witnesses, 11 have already been examined, the trial is at almost final stage. We find no reason to entertain present transfer petition. Dismissed"

Case Title: Prachi Das Vs State of Haryana