Supreme Court stayed trial in the Uber cab rape case on Tuesday after the victim had approached against a Delhi High Court order allowing the accused to recall 13 witnesses, which amounted to a retrial. The bench headed by Justice JS Khehar ordered stay of the March 4 HC order and further proceedings in the trial court till the 25-year old victim's petition got decided. The bench sought response of the accused and the Delhi Police on the victim's appeal and restrained the media from reporting statements of witnesses recorded in the case.
The order came after senior advocate Colin Gonsalves argued on behalf of the rape victim that recalling of witnesses for fresh examination will create further agony for the victim and consequently delay trial. He informed the Court that High Court upset a well-reasoned order of the trial judge denying permission to the accused and that too without offering any reasons.
But the bench wished to ascertain whether it could stand in the way of the accused to seek recall of witnesses. "Courts apply different yardsticks while granting and cancelling the bail. likewise, if a court below has granted liberty to an accused to recall witnesses, can this court deny it," the bench asked.
The list of 13 witnesses included the victim as well and Gonsalves argued that the rights of the victim must be protected as much as the rights of the accused. The unfortunate incident occurred on December 5, 2014 when the victim was driven out to a secluded place by Uber cab driver .