Transfer of cases(trials and appeals)

On 16/10/2020, Hon’ble Supreme Court while dealing with transfer petitions filed under section 406 of Cr. P. C. Read with Order XXXIX of the Supreme Court Rules held that transfer power under section 406 of Cr. P. C. Is to be invoked sparingly. Only when fair justice is in peril, a plea for transfer might be considered. The court however will have to be fully satisfied that impartial trial is not possible. Equally important is to verify that the apprehension of not getting a level playing field, is based on some credible material and not just conjectures and surmises.

While assurance of a fair trial needs to be respected, the plea for transfer of case should not be entertained on mere application of a hyper sensitive person. While considering a plea for transfer, the convenience of parties would be a relevant consideration. It can’t just be the convenience of the petitioner but also of the Complainant, the Witnesses, the Prosecution besides the larger issue of trial being conducted under the jurisdictional Court. The transfer of trials from one state to another would inevitably reflect on the credibility of the state’s judiciary and but for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked.

(Umar Kumar Sharma vs state of Uttarakhand)

(Hrishikesh Roy, J.)

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