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HIGH COURT OF JAMMU AND KASHMIR
CENTRAL BUREAU OF INVESTIGATION – Appellant
Versus
UNION TERRITORY THROUGH DIRECTOR ANTI CORRUPTION BUREAU – Respondent
JUDGMENT
1. The applicant-Central Bureau of Investigation(CBI) has preferred this application for transfer of charge-sheet, titled, “VOK vs Mehboob Iqbal and others” pending before the court of learned Special Judge, Anti- Corruption, Baramulla to the court of learned Special Judge (CBI), Srinagar, on the ground that pursuant to the directions issued by the Hon’ble High Court of J&K vide its order dated 09.10.2020 in PIL No.19/2011, titled, as “Prof. S. K. Bhalla vs State of J&K and others”, the applicant had approached the court of learned Special Judge Anti- Corruption, Baramulla for proving original documents to the applicant for conducting further and thorough investigation and for transfer of the charge-sheet to the court of Special Judge (CBI), Srinagar. Both the applications of the applicant were dismissed by the court of Special Judge, Anti-Corruption, Baramulla vide order dated 25.05.2021 with the observation that the court cannot transfer the charge-sheet to the court of coordinate jurisdiction and further no such direction for transfer of the charge-sheet to the court of Special Judge (CBI) Srinagar, has been issued by the Hon’ble High Court vide order dated 09.10.2020.
2.
The court ruled that charge-sheets related to CBI investigations must be transferred to the designated court for proper jurisdiction and trial.
The High Court has the authority to permit the transfer of cases between Special Courts under the Prevention of Corruption and Money Laundering Acts, despite statutory provisions suggesting otherwise....
Allegations of judicial bias must be substantiated by evidence; mere suspicion does not justify transferring a case.
Joint trials are permissible for different offences from the same transaction, but jurisdictional limitations prevent direct transfer to a Special Court without prior commitment to the Sessions Court....
The court's decision emphasized the importance of addressing the grounds for seeking transfer of a case, including allegations against court officials and interference by the public prosecutor.
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