In a swift move, to protect P.V. Narasimha Rao from the heightened threat perceptions from the Sikh and Kashmiri militants, the Supreme Court today exempted the former premier from appearing in person, as an accused in the $100,000 Lakhu bhai Pathak cheating case, at the crowded Tis Hazari Courts. The Court’s intervention came after an urgent application was filed by the Delhi Police Commissioner, Nikhil Kumar, seeking a change in the venue of the trial, from the court of Special Judge Ajit Bhari Hoke, to either a “safe court hall” at the Patiala House Courts near India Gate or at the nearby sprawling Pragati Maidan Trade Fair Complex. The Police Commissioner and several of his top officers were present in the jam-packed courtroom when the order was passed. eu In a brief order, passed mines after the court assembled this morning to hear the application, the division bench composing Justice M.M. Punchhi and Justice K.T. Thomas observed that “in view of the serious situation spelled out, it had become absolutely imperative for the court to act immediately and pass an interim order,” exempting Rao from personal appearance, while making it clear that they would consider in detail, the application for the shift in venue, on October 7.

Soon after passing the order, the judges directed that Judge Bhari Hoke be informed about the interim decision of the court, granting personal exemption to Rao till October 7, when the application for a change in the venue would be considered. The application by the: Delhi Police Commissioner had neither prayed for personal exemption for Rao nor for a stay of an administrative order of the Delhi High Court passed on September 25, rejecting the plea for a change in venue.

Article extracted from this publication >>  October 2, 1996