Supreme Court transfers trial against Congress MLA Rajendra Bharti from MP to Delhi

The Supreme Court today transferred the trial in a cheating case against Congress MLA Rajendra Bharti from Madhya Pradesh to Delhi noting allegations of defense witnesses being pressurized.

A bench of Justices Vikram Nath and Sandeep Mehta has issued the order transferring the trial after hearing Senior Advocate Kapil Sibal, who appeared for Bharti.

Additional Solicitor General SV Raju told the court that the state was willing to provide police protection to the witnesses and the trial should not be transferred.

Earlier this year, the Supreme Court had stayed trial in the case, expressing dissatisfaction with the State's evasive replies on whether it enquired into allegations that witnesses were intimidated.

A transfer petition was filed by Bharti in 2024. Prima facie, the Supreme Court had said that it appeared that there was enough material placed on record before the Trial Court containing an allegation that the defence witnesses were tried to be intimidated.

"Obviously, the Trial Court should have also taken appropriate action on the basis of the material. Another question is whether the State attempted to make any inquiry into this serious allegation made by the petitioner that the defence witnesses were sought to be intimidated as stated in the applications/affidavits filed on record. When we made repeated queries to the learned AAG and the learned counsel appearing for the respondent-State, they have no answer to the question what inquiry or investigation the State has made on the basis of the allegations made by the petitioner. Considering this scenario, we deem it appropriate to stay further proceedings of the trial. Accordingly, further proceedings in Criminal Case Bearing No.M.P.SCPPS 09/2022 pending before the Court of the Additional Sessions Judge, Gwalior, Madhya Pradesh are stayed", it had thus ordered.

Court had further said that it is the duty of the State to ensure that a fair trial is conducted. Fair trial means that full opportunity is granted in accordance with law to the accused to defend himself, it had added.

In April this year, an affidavit was filed by Sunil Kumar Shivhare, Additional Superintendent of Police, District Datia before the Supreme Court. After perusing the same, the court had ordered, "we find that proper investigation has not been made by the officers appointed by the State into the allegations made by the petitioner regarding putting pressure on the defence witnesses. We expected the officers appointed by the State to look into each and every allegation made by the petitioner as well as by the witnesses and record findings. It is the duty of the State to ensure that there is a fair trial which is an essential part of the rights guaranteed under Article 21 of the Constitution of India. We, therefore, direct that better investigation shall be carried out and a report be submitted to this Court within a period of one month from today.".

Case Title: RAJENDRA BHARTI vs. THE STATE OF MADHYA PRADESH & ORS.

Order Date: October 7, 2025

Bench: Justices Nath and Mehta