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IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Hon'ble Subhash Vidyarthi,J.
Brahma Prakash Singh – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. – Respondent
Hon’ble Subhash Vidyarthi J.
1. Heard Sri Raj Vikram Singh, the learned counsel for the petitioner, Sri Anurag Verma, the learned AGA-I for the State, Sri Kuldeep Srivastava, the learned counsel for the respondent no. 2 - Directorate of Enforcement, Sri Shishir Jain, the learned counsel for the respondent no. 3 - Hon’ble High Court of Judicature at Allahabad through the Registrar General, and perused the records.
2. By means of the instant Writ Petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of an order dated 11.04.2025 passed by the Special Judge, PMLA/Sessions Judge, Lucknow in Criminal Misc. Case No. 4665 of 2024, whereby an application filed by the petitioner under Section 4 48 of BNSS for transfer of Complaint Case No. 30/2018 titled Enforcement Directorate v. Brahma Prakash Singh, under Section 3/4 of Prevention of Money Laundering Act, 2002 from the Court of Special Judge, CBI (West)/Special Court PMLA to another Court, has been rejected.
3. Briefly stated, facts of the case are that while the petitioner was working as Managing Director in LACFEDD, he was convicted and sentenced to undergo 10 years’ imprisonment for committ
Unsubstantiated allegations against judges do not warrant case transfer; judicial decorum mandates acceptance of court records as conclusive.
Allegations of bias against a Presiding Officer must be substantiated with specific evidence; mere suspicion is insufficient to justify a transfer of case.
Allegations of bias require substantial evidence to justify the transfer of civil suits; mere apprehension of bias is insufficient, maintaining the integrity of judicial officers is paramount.
Allegations of bias against a judicial officer require substantial proof; mere suspicion is insufficient to justify case transfer under Section 447 of the BNSS.
Point of Law : “A basic postulate of the rule of law is that “justice should not only be done, but it must also be seen to be done.”
Allegations of judicial bias must be substantiated by evidence; mere suspicion does not justify transferring a case.
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