The Delhi High Court today rapped the trial judge for going ahead with the charge of sexual assault against Haryana MLA Gopal Kanda despite the court in its verdict dropping the charge in the airhostess Geetika Sharma suicide case.
Justice G P Mittal got irked over the interpretation of the trial court, which had held that the heinous charges can still be invoked against Kanda, as he had not moved the high court like a co-accused Aruna Chadha on whose plea charges of abetment of rape and unnatural sex against her was quashed.
While deciding Chadha's plea, the high court had also held that the charges cannot be "sustained" against Kanda, a former Haryana minister and prime accused in the case.
"I am very much concerned with the way the District and Sessions Judge interpreted the high court order. It is very strange the kind of things that are going on in the District Court," Justice Mittal said while setting aside the two trial court orders which misinterpreted the high court verdict.
"Orders of the trial court of August 14, 2013 and August 17, 2013 are set aside," the high court said and asked the parties to appear before the trial court on November 28.
The high court passed the order on an application moved by Chadha, seeking clarification of the situation-as to whether a fast track court should hear the matter in view of charges of rape and unnatural offence having being dropped-and seeking directions to the trial court to alter charges against her.
Senior advocate U U Lalit and advocate Meghna Sankhla, appearing on behalf of Chadha, argued that in view of the high court verdict the fast track court (FTC) conducting the trial had sent the matter to the District and Sessions Judge who misinterpreted the high court's order remitted the case back to the FTC.
Additional Solicitor General (ASG) Sidharth Luthra argued that the remedy sought by Chadha is an "abuse" of the process of law as she cannot file an application in a petition already disposed of by the high court and added that she should have moved the trial court for alteration of charges instead of coming to the high court.
