Relevant consideration for the transfer of a Criminal case

The Supreme Court in case of Abdul Nazar Madani Vs. State of Tamil Nadu and Another, highlighted the relevant consideration for transfer and held that when it is shown that public confidence in fairness of trial would be seriously undermined, any party can seek the transfer of a case within the State under Section 407 of the Code and concluded as under:–

“7. The purpose of the criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations. When it is shown that public confidence in the fairness of a trial would be seriously undermined , any party can seek the transfer of a case within the State under Section 407 and anywhere in the country under Section 406 CrPC. The apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary, based upon conjectures and surmises. If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any court or even at any place, the appropriate court may transfer the case to another court where it feels that holding of fair and proper trial is conducive. No universal or hard and fast rules can be prescribed for deciding a transfer petition which has always to be decided on the basis of the facts of each case. Convenience of the parties including the witnesses to be produced at the trial is also a relevant consideration for deciding the transfer petition. The convenience of the parties does not necessarily mean the convenience of the petitioners alone who approached the court on misconceived notions of apprehension. Convenience for the purposes of transfer means the convenience of the prosecution, other accused, the witnesses and the larger interest of the society.”

 The same view has been reiterated by the Supreme Court in case of Monica Vs. Satish Sharma and Others, .

Categories: CIVIL