Chandigarh Court Orders Transfer of Harassment Case Against Former Haryana Minister Sandeep Singh
A significant development has unfolded in the legal proceedings against former Haryana minister Sandeep Singh, as a Chandigarh court has granted the transfer of a sexual harassment case to a different judge. This decision came after the complainant, a woman athlete, raised serious concerns about the impartiality of the presiding judge, who is listed as a witness in the matter.
Judge Named as Witness Sparks Transfer Request
The case was initially being heard by Additional Chief Judicial Magistrate (ACJM) Rahul Garg, with a hearing scheduled for January 31. However, on January 29, the woman coach, through her counsel Sameer Sethi, filed an application in the court of Chandigarh District and Sessions Judge HS Grewal. She argued that ACJM Rahul Garg is named as Witness No. 19 in the prosecution's list, creating a fundamental legal conflict that should preclude him from continuing with the trial.
The application highlighted that objections had been raised both orally and in writing before the trial court, but the presiding officer did not recuse himself. This situation prompted the transfer request to ensure a fair and unbiased judicial process.
Allegations of Procedural Hurdles and Denial of Documents
In addition to the conflict of interest, the complainant alleged several procedural issues that hindered her ability to participate effectively in the case. She claimed that the trial court failed to provide her with a complete copy of the challan, despite her explicit willingness to bear all necessary expenses for the copies. This denial, she argued, unjustly obstructed her capacity to assist the court.
Furthermore, the application stated that the court consistently refused to provide her with a copy of her own statement recorded under Section 164 of the CrPC. This prevented her from verifying its consistency with case records, which she asserted is a fundamental right of the complainant. The presiding officer's directive for her to testify without allowing such verification was described as a gross violation of natural justice principles, highly prejudicial to her interests.
Background of the Case and Political Context
The Chandigarh Police registered an FIR against Sandeep Singh on December 31, 2022, based on a complaint filed by the woman coach on December 29, 2022. The charges include stalking, illegal confinement, sexual harassment, and criminal intimidation. Singh, a former Olympian and India hockey captain, served as a minister in Haryana but handed over the sports and youth affairs portfolio to the Chief Minister on "moral grounds" on January 1, 2023, following the FIR registration. He continued as Minister of State, holding the printing and stationery portfolio independently.
Singh has consistently denied the allegations, terming them baseless. A BJP ticket holder who won the 2019 Assembly election from Pehowa constituency, he was not fielded by the party in the 2024 Assembly polls, adding a political dimension to the ongoing legal battle.
Court's Decision and Implications
Counsel Sameer Sethi confirmed that District and Sessions Judge HS Grewal allowed the transfer application on Monday, moving the case to a different court. This ruling underscores the judiciary's commitment to upholding procedural fairness and addressing conflicts of interest in sensitive cases. The transfer aims to restore confidence in the legal process and ensure that the trial proceeds without any perceived biases.
The case continues to draw public attention, highlighting issues of accountability and justice in matters involving high-profile individuals. As proceedings shift to a new court, all eyes will be on how the legal system navigates these complex allegations while safeguarding the rights of the complainant.
