Strictures were passed against Rathore for misconduct in court during trial

Taking strong note of Rathore’s “demeanour”,the court had remarked in a 2008 order: “At this stage,the accused remarked (if) this court has any right to pass any order. He is again directed to abide by the direction so that proceedings may be taken as per law. This order has been conveyed to him and his counsel present in the court.”

In another instance where Rathore had objected to the pressure mounted by Anand Prakash in the court,the judge had observed: “Do not be so technical,if you object to Anand Prakash’s presence,he (Rathore) should go to the stands.”

The judge had categorically told him to behave in the court,failing which observations would be recorded against Rathore.

Taking strong note of Rathore’s habit of commenting during court proceedings,the judge had recorded: “…the accused (Rathore) is directed not to comment upon anything happening in the court or conduct of the witness,nor is (he) supposed to suggest anything in the court while dictating the statement. The accused apologises but the direction is being given on repetition of his act. His counsel is also requested to ensure proper conduct of the accused in the court.”

Interestingly,Rathore had used all these observations as a ground for transfer of the trial from Patiala to any other court. The former DGP had submitted that the aforesaid observations indicated the “bias and prejudice of learned Special Judicial Magistrate Rakesh Gupta. His behaviour shows personal animus against the petitioner (Rathore)”.