195th Hearing Of Danielle McLaughlin Trial : Accused Vikat Bhagat back to old antics of delaying the trial.

Victim and Victim's family renew their hopes with new Judge, Her Lordship Smt.Pooja C Kavlekar.

195th hearing of Irish girl Danielle Mclaughlin's rape and murder trial took place yesterday, after a hiatus of 2 Weeks. Nothing, absolutely nothing transpired on 194th hearing.

Danielle's trial is now being adjudged by new Judge, Her Lordship Smt.Pooja C Kavlekar.The change of the trial judge is a welcome move. Going by the pass judgments delivered by Her Lordship Smt Pooja Kavlekar, she seems to be an extremely no-nonsense and upright Judge.While her appointment renews hope for a speedy and just trial for victim's family;only time will tell whether this faith is honoured or not.

Again for the 9th consecutive time, the accused Vikat Bhagat was not produced in the court, surprising he was neither presented through VC. While, the shortage of staff can lead to accused not being produced in person at Margao court, the reason for not producing through even VC, can be anybody's guess.

While the summons were returned duly served for Cross-Witness26, the Public Prosecutor helplessly cited that, "witness was not able to attend". It is surprising that, even after the summons issued repeatedly, the witness have the audacity to rebel against the decree of Hon'ble Court.

And this is not only with CW26, but has repeatedly happened with other witness too.Even, when summons are returned duly served, the witness do not turn up; and no action is being taken, against them, for dis-respect of court's order.

Going by the details of the proceedings available, It seems, earlier not even the accused's lawyer was available for hearing, like the last time. (Explains why the accused was no even produced through VC).

Unlike in previous instances, where the hearing would have been adjourned, and a new date would have been given (2 weeks hence), Judge Pooja C Kavlekar, resumed the trial in the afternoon again; and Advocate C Franco then appeared before the honourable court, and even accused was produced through a WhatsApp video call.(Rather was compelled to be produced).

Now comes the strange but an obvious part, wherein in another tactics of delaying the trial, when a new strict judge has come to fore, Vikat Bhagat complained of custodial violence by Jail authorities.Neither the the reason for the assault was given, nor the personnel were named.

Funny thing is that, if a prisoner has been assaulted by Jail authorities, just before the hearing; the accused lawyer would have reached the court,way before the proceedings would have started; and would have put forward the current situation immediately before the judge. He would have also ensured that, accused Vikat Bhagat is produced before the court personally or at least through VC, so that he could put forward his grievance in person before the court. But none of this happened during the morning session of yesterday's hearing.This proves on it's own, that this is a frivolous move on part of accused Vikat Bhagat and Defence lawyer C.Franco to delay the trial.

Honourable judge issued instructions to Jail authorities to have the medical check-up done of Vikat Bhagat, and provide him with medical assistance.A letter was also issued to District Legal Services Authority (DLSA) South Goa to provide legal assistance to the accused in Jail forthwith so that the rights can be secured.

Suddenly, Vikat Bhagat is now portraying himself as a victim, whose human rights are being infringed upon.A person who has scant regards for the judiciary and law establishment,who has tried all the tricks in the books, to delay and prolong the trial, someone who brutally raped and even more brutally murdered 28 year old Danielle.

So, Human Rights are only for rapist and murderers of such ghastly crime;there is no human rights for the victim, or the victim's family for whom passing everyday, since last more than 6 years, is a very painful ordeal in itself?

While no one's human rights should be violated and assistance should be provided to all; it is high time that Honourable Court and Her Lordship Smt.Poja C Kavlekar look into the human rights of victim and victim's family, who are not present in the court, to air their ordeal and grievance.Her Lordship, should also see that this old trick of accused and Defence lawyer, does not in any way, further prolong the trial.

Victim and Victim's family have the fundamental human right of equality and justice; and ensuring their rights are paramount.The 196th hearing of trial would be on Monday, 5th of June 2023.Victim and Victim's family anxiously wait for the fate of their human right of justice.