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2000 Supreme(SC) 1418

S.N.PHUKAN, M.B.SHAH
R. Balakrishna Pillai – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

Shah, J.-This Transfer Petition was placed before us for hearing on 21st August, 2000 and on that day while dismissing the same we stated that reasons would follow. Now, we narrate the reasons for the same.

2. Petitioner, who according to the facts stated in the list of dates, was Minister of Electricity in the Government of Kerala and MLA or MP for over 30 years and has been convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, has filed Criminal Appeal before the High Court of Kerala. The Petition is filed by him for transferring the pending appeal to the High Court of Karnataka, Question, therefore, which requires consideration in this petition is-whether the apprehension of the petitioner that he would not get justice in the criminal appeal if decided by the High Court of Kerala is genuine and justifiable?

3. The petitioner and a former Chairman of Kerala State Electricity Board were prosecuted for the offences punishable under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and also under Section 120-B IPC, on the charge that by abusing his position the petitioner sold 12241440 units of Kerala electri

















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