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18 months on, Varnika stalking case drags on in UT court
Victim claims defence counsel delaying trial, latter says pace is as usual
A year-and-a-half after Varnika Kundu, a Panchkula-based disc jockey, was allegedly stalked on Chandigarh roads by Vikas Barala, the son of the Haryana BJP president, the trial is proceeding at a tardy pace due to multiple adjournments.
Charged with stalking and attempting to abduct 29-year-old Varnika, Vikas, son of Subhash Barala, and his friend Ashish Kumar, both law students, are now out on bail. Even as the matter came up for hearing on Friday, it was adjourned yet another time, and will now be taken up on April 5.
On August 5, 2017, Varnika, daughter of a Haryana-cadre IAS officer, Virendra Kundu, complained to police that the accused followed her car in their Tata Safari from Sector 7 in Chandigarh to the Housing Board light point. She had alleged that the duo tapped on her car’s windowpane and even tried to open its door. However, as she had already called up the police, cops reached there just in time and nabbed the accused, who were allegedly drunk.
In the subsequent month, the case was heard thrice, with the police even filing a challan against the duo in September. Similarly, in October 2017, the case was heard five times.
On December 21, 2017, the Punjab and Haryana high court had intervened and asked the UT district courts to finish Varnika’s cross-examination before January 11, 2018. But Vikas was granted bail the same day, while Ashish got bail a week later, on January 18. Meanwhile, Varnika’s cross-examination is still pending.
Four prosecution witnesses recorded their statements in the hearing last month, but various other witnesses are yet to record theirs.
Plea against Varnika, father
An application filed by the accused has been pending in court since February 2018. Claiming that Varnika and her father forged documents, including the complaint, the defence counsel had submitted a plea, demanding perjury proceedings against them.
After the judicial magistrate hearing the plea changed last year in December, the matter has only seen adjournments. Now, the plea and main trial are being taken up simultaneously by the court of judicial magistrate first class Varun Nagpal.
Meanwhile, the defence had sought they be provided a CD that was part of the police challan, containing transcript of the PCR call by Varnika. Pending for months, the oral request was finally allowed on Wednesday. A detailed order is expected on March 28.
Survivors have no say: Varnika
“We have been attending nearly all hearings. But the defence has been constantly delaying the trial by moving various pleas and oral requests. The judge has also been changed. So yes, we are concerned. The Indian justice system does not allow the survivors any say as far as the procedure is concerned. We have no choice but to wait,” said Varnika.
She said they had hoped the case will be over long ago, but perhaps it worked for the defence to keep delaying the case, which they had succeeded to do.
Defence counsel Rabindra Pandit said, “The case is proceeding as is usual. The same court is seeing many similar cases that also need to be disposed of. Also, when the accused is in custody there tends to be a more speedy trial. Some prosecution witnesses also didn’t turn up, delaying the case. The case hogged limelight, and therefore it appears it’s progressing slowly. But, such cases can go on for even six years.”
The case so far
August 5, 2017: Vikas Barala and Ashish Kumar booked for stalking and wrongful confinement
August 9: Accused re-arrested after the police added non-bailable section of attempted abduction
September 21: Police file challan in court
October 13: Charges framed against accused
January 11, 2018: Vikas Barala granted bail
January 18, 2018: Ashish Kumar released on bail
