Abhimanyu M
The trial in the case will begin on Oct 15. The court observed that the chargesheet was submitted in 2018 and after release on bail all these years the accused are living at their place. “Media reported the case from day one and till the date of filing of this petition, the petitioners had not raised any of the reasons stated in the petition before this court. Instances of confrontation and tension between college students and members of bar association are not reported to this court by the association.
So, there is no need to conduct trial via in-camera proceedings, said the court. Even if it happened, it has no connection with this case,” it said. If the interests of justice require in a particular case, the proceedings can be conducted in-camera, said the court.
The prosecution had opposed their plea, arguing that in-camera proceedings were typically reserved for sexual assault victims and cases registered under Pocso Act and added that a murder case is not fit for an in-camera trial. The defence counsel had submitted that a public trial would affect the future of the accused and may influence witness testimony. The defence also raised the possibility of students gathering on court premises as the building is located close to Maharaja’s College, where Abhimanyu studied. The prosecution had opposed the arguments and maintained that these grounds were not legally sustainable. The court observed that apprehensions that others may take photos while the petitioners are moving, the presence of policemen on court premises and the proximity of the college cannot be regarded as sufficient grounds for in-camera proceedings. All these are mere apprehensions and not compelling enough to demand in-camera trial in this case. Hearing cases in open court promotes transparency, fairness and impartiality in the administration of justice. Open proceedings strengthen public confidence in the judicial process. However, the requirement of an open court trial is not absolute.
Kochi : On Tuesday, Ernakulam Principal Sessions Court Judge K K Balakrishnan dismissed a petition moved by the accused in Abhimanyu’s murder seeking in-camera trial proceedings in the case.