The Kerala Govt's request to change a woman Judge in a Trial Court hearing the case against actor Dileep, an accused in the alleged kidnapping & sexual assault of an actor, was rejected by the Apex Court today.
The State Govt had alleged bias by the Trial Court Judge who is hearing the sexual assault charges against Dileep. Alleging bias by the Judge, the Govt pointed out certain issues while recording cross-examination of witnesses in the case.
The Supreme Court said these allegations are "unwarranted", adding that such allegations by the Govt will affect the morale of the Judge.
The High Court of Kerala too had earlier dismissed similar requests from the State Govt & the woman actor.
Among the ten accused in the case is Dileep, who allegedly hatched the criminal conspiracy to kidnap & assault the woman.
It said that "Much hype has been created in Kerala in this sensitive case. There must be some restraint from all sides," the Supreme Court said. "If the court is not properly recording cross-examination or if the state has any objections, it can take the issue to the higher court".
The proceedings in the Trial Court have been held in-camera with severe restrictions on media reportage. In her plea, the survivor said the Court has failed to uphold the spirit of in-camera trial.
The special public prosecutor had submitted his resignation to the Govt because of certain remarks made by the Trial Court Judge. But the resignation is yet to be accepted. The Supreme Court today have the State Govt a week's time to change the special public prosecutor if the state wishes to do so.
The woman actor was allegedly kidnapped & sexually abused while travelling to Kochi for work in Feb 2017. There were at least 4 men, who had allegedly filmed the attack.
Dileep, once considered by many to be Kerala's number three superstar after Mammootty & Mohanlal, was arrested in July 2017.
In Dec 2018, the High Court of Kerala had dismissed his plea for a probe by the Central Bureau of Investigation (CBI) into the case.
The actor had asked for a Central Bureau of Investigation probe, contending that he was falsely implicated. In Jan 2020, the Top Court refused to stay the trial against Dileep, while a Sessions Court dismissed his discharge plea seeking that his name be removed from the list of accused.
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