New Delhi, June 12 || A Supreme Court judge on Thursday recused himself from hearing a plea filed by Madhya Pradesh Congress MLA Rajendra Bharti seeking transfer of a criminal case outside the state.
After Justice Manmohan withdrew himself from hearing, the bench headed by Justice Prashant Kumar Mishra referred the transfer petition to the Chief Justice of India (CJI), who is the master of roster, for listing the matter before a different bench.
In the meantime, the bench ordered extension of the interim order passed in the petition seeking transfer of the alleged cheating case outside Madhya Pradesh.
In February this year, the apex court stayed the proceedings pending before the Additional Sessions Judge in Gwalior, observing that there was enough material placed on record before the trial court containing an allegation that the defence witnesses were sought to be intimidated.
"The trial court should have also taken appropriate action on the basis of the material. (W)hen we made repeated queries to the learned AAG (Additional Advocate General) and the learned counsel appearing for the respondent-State (of Madhya Pradesh), they have no answer to the question of what inquiry or investigation the state has made on the basis of the allegations made by the petitioner (Rajendra Bharti)," it said.
In its order, the Supreme Court had stressed the duty of the state machinery to ensure that a fair trial is conducted.