Wrestler murder case: HC refuses to transfer case to fast-track court

New DelhiThe Delhi high court on Friday declined to transfer wrestler Sagar Dhankad’s murder case -- in which Olympian Sushil Kumar and is associates are the accused -- to a fast track court, observing that just because it is a celebrated case does not mean that it should be transferred

New Delhi

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The Delhi high court on Friday declined to transfer wrestler Sagar Dhankad’s murder case -- in which Olympian Sushil Kumar and is associates are the accused -- to a fast track court, observing that just because it is a celebrated case does not mean that it should be transferred.

The court was hearing a petition by Ashok Dhankad, father of the deceased, seeking expeditious trial by a fast track court in the murder trial of his son. The plea, filed through advocate Joginder Tuli, sought that the trial be completed in a time-bound manner due to the sensitivity of the case, and the involvement of highly influential people in the alleged crime.

Justice Anish Dayal said the counsel for the petitioner has not placed anything on record to state that this will fall within the rubric of the situation to be referred to a fast track court.

“Just because it is a celebrated case, does not mean that it should be transferred to fast track case…The point is that when you seek a prayer to say that simpliciter send it to the fast track, the basis has to be falling within some legal rubric. Otherwise, anybody who will have a grievance would come here and say that it is a celebrated case, so send it to fast track,” the judge observed .

The court, however, requested the trial court to keep a close track of the proceedings and ensure that the process is undergone expeditiously in the facts and circumstances of the case.

Kumar, who won medals at the Beijing and London Olympics, is facing charges of murdering 23-year-old Dhankad inside Delhi’s Chhatrasal stadium. Kumar was arrested on May 23, 2021, on charges of murder and is currently in judicial custody.

Delhi Police in their charge sheet said Kumar killed Dhankar last year because his ego was bruised by rumours of his diminishing clout and he wanted to re-establish his authority among younger athletes. Kumar’s lawyers have denied Delhi police’s allegations.

On October 13, the court had framed charges of murder, attempt to murder, criminal conspiracy and other relevant sections of the Indian Penal Code against Kumar and 17 others, stating that prime accused Kumar had been searching for Dhankad since their first meeting, and had mentioned several times that he would kill the younger wrestler.

During Friday’s hearing, advocate Sanjay Lao, standing counsel of the Delhi government (criminal), told the court that the charge sheet has already been filed in the case and charges have been framed against the accused. He said that the examination of the prosecution witnesses has already started and within the next two months, most of the other witnesses would be examined.

He added that there are around 10 material witnesses and the remaining 100-odd witnesses are formal witnesses.

As the counsel for the petitioner-father contended that the instant case involves commission of a heinous crime, the court remarked, “Every crime is a heinous offence…State is moving ahead”.

Noting that the charges have already been framed against 18 accused after filing of two supplementary charge sheets, the court questioned the petitioner’s counsel, “Is this not expeditious? We see so many cases today [where] trials are pending for 10-12 years, just because…..It is a bit premature”.

Taking note of the submission of the counsel of Delhi Police, the court said that there does not seem to be any particular delay at this stage by the trial court. It granted liberty to the petitioner to approach this court, in case there are delays by the trial court in the case.