Malayalam actor Dileep is an accused in the case. (File photo) The Supreme Court on Monday declined a prayer by Kerala seeking extension of time to complete trial in the actress assault case against Malayalam actor Dileep saying it can do so only if the trial judge felt the need for more time and not at the instance of the state.
“We will not pass order of extension at the instance of state,” a bench of Justices AM Khanwilkar and CT Ravikumar told Senior Advocate Jaideep Gupta who appeared for the state and submitted that the time be extended by 6 more months.
Senior Advocate Mukul Rohatgi, appearing for Dileep, opposed the request and accused the state of trying to delay the trial. “The State is attempting to delay the trial in many ways. First attempt was to change the judge, which became unsuccessful. Second was the resignation of the Prosecutor”, said Rohatgi. He pointed out that “time has already been extended four times and the State is playing a mischievous game”. Rohatgi said it should be upto the trial court if it wants more time.
“Yes, it should be up to the trial judge”, observed Justice Ravikumar.
Gupta then requested the court to keep the application pending but the bench rejected the prayer.
“We will not keep it pending as that will send a wrong message to the trial court”, remarked Justice Khanwilkar. “It’s left to the discretion of the trial court judge”, he added.
Rohatgi also accused the state of conducting a media trial in the case.
“This trial is in camera, but the state is conducting a media trial and my client who is a famous actor in Kerala is having to face all this”, he submitted to which Justice Khanwilkar responded “let the trial judge be free to do justice”.
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