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HC rejects plea for trial transfer in Sonia Modi murder case Friday, November 30, 2001
SOURCE - TIMES NEWS NETWORK
AHMEDABAD: The additional city civil and sessions judge will continue to conduct trial in the sensational Sonia Modi murder case, as the high court has dismissed the application filed by the accused seeking a transfer of the case.
Justice AM Kapadia held that there was no valid reason to transfer the sessions case from Court No 15 to any other court and directed expedition of the trial and even conclude it before April 30, 2002. The accused have been allowed four weeks to approach higher forum.
The accused, including victim's brother-in-law Ashok Modi had prayed for transfer of the case from the court of additional sessions judge Bela Trivedi, alleging that fair and impartial trial was at stake.
They had submitted that though one of the accused knew Hindi, he was given charge-sheet in Gujarati, despite representations. It was alleged that the judge gave threats to the accused not to retract from the statements made before the police and the judge even had compelled them to adhere to the statements made before the police. The high court which had asked for confidential remarks found the allegations untrue.
It then observed that transfer of part-heard sessions case on the grounds that the judge gave threats to the witnesses and was not giving accommodation to the advocates appearing for the parties could not be considered as grounds for the transfer of the partly-heard cases.
News Source : The Times of India [India's best Newspaper]