IMPORTANT POINT
Transfer of a case from Subordinate Court of one High Court to subordinate Court in other State but under same High Court is not contemplated u/s 406 Cr.P.C.

JUDGMENT

Sema, J.-By these applications the applicant sought to modify the judgment dated 18th November, 2003 passed by this Court in Transfer Petition (Criminal) Nos. 77-78 of 2003. By the aforesaid judgment, this Court after hearing counsel for both the sides at length allowed the transfer petitions in terms of the following directions:

"(a) The State of Karnataka in consultation with the Chief Justice of the High Court of Karnataka shall constitute a Special court under the Prevention of Corruption Act, 1988 to whom CC No. 7 of 1997 and CC No. 2 of 2001 pending on the file of the XI Addl. Sessions Judge (Special Court No.1) Chennai in the State of Tamil Nadu shall stand transferred. The Special Court to have its sitting in Bangalore.

(b) As the matter is pending since 1997 the State of Karnataka shall appoint Special Judge within a month from the date of receipt of this Order and the trial before the Special Judge shall commence as soon as possible and will then proceed from day to day till completion.

(c) The State of Karnataka in consultation with the Chief Justice of High Court of Karnataka shall appoint a senior lawyer having experience in criminal trials as public prosecutor to conduct these cases. The public prosecutor so appointed shall be entitled to assistance of another lawyer of his choice. The fees and all other expenses of the Public Prosecutor and the Assistant shall be paid by the State of Karnataka who will thereafter be entitled to get the same reimbursed from the State of Tamil Nadu. The Public Prosecutor to be appointed within six weeks from today.

(d) The investigating agency is directed to render all assistance to the public prosecutor and his assistant.

(e) The Special Judge so appointed to proceed with the cases from such stage as he deems fit and proper and in accordance with law.

(f) The Public Prosecutor will be at liberty to apply that the witnesses who have been recalled and cross-examined by the accused and who have resiled from their previous statement, may be again recalled. The public prosecutor would be at liberty to apply to the court to have these witnesses declared hostile and to seek permission to cross-examine them. Any such application if made to the Special court shall be allowed. The public prosecutor will also be at liberty to apply that action in perjury to be taken against some or all such witnesses. Any such application/s will be undoubtedly considered on its merit/s.

(g) The State of Tamil Nadu shall ensure that all documents and records are forthwith transferred to the Special Court on its constitution. The State of Tamil Nadu shall also ensure that the witnesses are produced before the Special Court whenever they are required to attend that Court.

(h) In case any witness asks for protection the State of Karnataka shall provide protection to that witness.

(Emphasis supplied)

(i) The Special Judge shall after completion of evidence put to all the accused all relevant evidence and documents appearing against them whilst recording their statement under Section 313. All the accused shall personally appear in Court, on the day they are called upon to do so, for answering questions under Section 313, Criminal Procedure Code."

In our view, the aforesaid directions have adequately taken care of the security of the witnesses and others.

2. Mr. Venugopal, learned Senior counsel contended that in view of surcharged atmosphere and large scale agitation by a section of the people of Karnataka targeting the applicant as well as attacks on tamil speaking people caused by highly sensitive Cauvery water dispute issue, the trial if allowed to be taken in the State of Karnataka, the personal security of the applicant would be seriously jeopardized and thus free and fair trial would not be possible. Another ground seeking for modification of the order is that the notorious forest brigand Veerppan, who is believed to be a Tamilian, kidnapped the Karnataka matinee idol, Shri Raj Kumar and demanded a huge ransom