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1991 Supreme(P&H) 457
PUNJAB & HARYANA HIGH COURT
Harphul Singh Brar, J.
Major Singh
Versus
State Of Punjab
Criminal Misc. No. 2926 of 1991,
Decided On : MAY 2, 1991
Allegations against a Judicial Officer must be substantiated by cogent evidence to warrant the transfer of a case to another Court.
Headnote:
Transfer of Case - Allegations against Judicial Officer - Dismissal of Transfer Petition
Fact of the Case:
The petitioner filed a petition seeking the transfer of a case from the Court of Additional Sessions Judge, Barnala to another Court, citing grounds related to the grant of bail to accused and alleged remarks by the judge. The court found the allegations unsubstantiated and dismissed the transfer petition.
Finding of the Court:
The court analyzed the grounds for transfer and the evidence presented, concluding that the allegations against the Judicial Officer were not substantiated and therefore not a valid ground for transfer.
Issues: Allegations against Judicial Officer, Grounds for Transfer, Substantiation of Allegations
Ratio Decidendi: Allegations against a Judicial Officer must be substantiated by cogent evidence to warrant the transfer of a case to another Court.
Final Decision: The petition for transfer of the case was dismissed due to the lack of substantiated evidence supporting the allegations against the Judicial Officer.
Harphul Singh Brar, J.
1. The petitioner has filed this petition praying therein for transfer of case titled as State v. Pawan Kumar etc. bearing FIR No. 116, dated May 10, 1990. Police Station Sangrur under sections 302/307/34, Indian Penal Code, from the Court of Shri Gurdial Singh, Additional Sessions Judge, Barnala, to some other Court of competent jurisdiction.
2. The main grounds of transfer of the case from the Court of Shri Gurdial Singh. Additional Sessions Judge, Barnala are a) that the learned Additional Sessions Judge granted bail to two accused Chhota Singh and Gurdev Singh on November 29, 1990 when specific injuries on the person of deceased are attributed to both these accused, and (b) that on November 29, 1990 the learned Additional Sessions Judge heard the arguments for bail of Chhota Singh and Gurdev Singh accused in the morning hour and pronounced the order of bail later on after about an hour. The complainant petitioner was himself present at the time of pronouncement of bail order and grumbled saying the following words to the learned Additional Sessions Judge :
"Janab Ne Inhan Di Jamanat Kar Diti Hai, Inhan Ne Mera Bap Mariya Hai."
The learned Additional Sessions Judge could not relish what was said by the complainant and remarked as under :
"Tun Jamanat Di Gal Karda Hain, Eh Bari Bhi Ho Sakde Han"
3. I have heard the learned for the petitioner as well as for respondents 2 to 4 and have gone through the comments sent by the learned Additional Sessions Judge, Barnala. I do not find it a fit case for the transfer of case titled as State v. Pawan Kumar etc. from the Court of Additional Sessions Judge, Barnala to any other Court, because the allegations made in the petition have not been substantiated by any cogent evidence. Simply narrating a few allegations against a Judicial Officer in the petition without any evidence to substantiate the same does not make it a good ground for the transfer of the case from one Court to another Court. Not even a single person has come out to support the version of the petitioner stated in his petition. I am not able to persuade myself to order the transfer of the case in question from the Court of Additional Sessions Judge, Barnala on the bald assertions made by the petitioner in this petition. The petition is, thus, dismissed.
