The Supreme Court on Friday, 24 September, ordered the transfer of the trial in the murder case of Hindu Samaj party leader Kamlesh Tiwari from Lucknow to Prayagraj.
A plea was moved by Ashfaq Husen and nine other accused persons in the matter claiming that communally surcharged atmosphere is prevailing in Lucknow, which is prejudicing the case of the petitioners.
The plea, filed through advocate Somesh Chandra Jha, said, “The petitioners would be risking their lives if the trial is conducted in Lucknow district, as they have already received threats to life through local lawyers.”
The plea contended that it is not safe for the petitioners, who are out on bail, to attend the court all by themselves.
“The petitioners have already been physically and mentally harassed in the presence of police officers and in the court of law,” the plea added.
The plea contended that since the petitioners are not able to represent themselves in a just and proper way before the trial court owing to the backlash faced by them, it would be in the interest of justice if the case is transferred from Lucknow to a neutral place.
Advocate Meenakshi Arora appeared for the petitioners. After hearing the arguments, a bench headed by justice Sanjay Kishan Kaul ordered the transfer of the trial from Lucknow to Prayagraj.
The plea also said that on 18 January 2020, the petitioners and their counsel were manhandled, while a false and frivolous FIR was also lodged against them.
The plea claimed that seven out of 10 petitioners have gone unrepresented for many dates and the bail applications of two accused got dismissed for non-prosecution on 21 July 2020, as there was no appearance on their behalf to present their bail application.
Kamlesh Tiwari was murdered in Lucknow in October 2019. In December 2020, the Uttar Pradesh police had filed a charge sheet against 13 accused persons in the case.