The principle of ensuring perceived fairness in judicial proceedings necessitated the transfer of case jurisdiction.

C O M M O N O R D E R

These Criminal Original Petitions have been filed seeking to transfer the case in C.C.No.571 of 2022 from the file of the learned Special Judge for Communal Clash Cases, Madurai, to any one of the Courts having competent jurisdiction to try the said case within the Sessions Division of any other District, and to further direct such transferee Court to adjudicate and dispose of the said case at the earliest; and to direct the learned Special Judge for Communal Clash Cases, Madurai District, to recall the non-bailable warrant issued against the petitioner in C.C.No.571 of 2022, on 18.09.2025.

2. The petitioner is facing trial in C.C.No.571 of 2022 for the offences punishable under Sections 8(c) and 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for the alleged possession of 35 kgs of ganja.

3. The petitioner had made certain averments in the petition that the learned Judge had openly proclaimed that the petitioner would be convicted and sentenced to 20 years of imprisonment and that the learned Judge would not consider any evidence adduced on the side of the defence.

4. When Crl.O.P.(MD) No.14730 of 2025 came up for admission on

08.09.2025, this Court had called for report from the concerned Judge.

5. It appears that, in the meanwhile, on 17.09.2025, the prosecution closed the evidence on its side. The learned Judge listed the case for questioning the accused under Section 313 of the Code of Criminal Procedure, 1973, on 18.09.2025. Since the petitioner did not appear on that day, a non-bailable warrant was issued on the same day, which has been challenged in Crl.O.P.(MD) No.17013 of 2025.

6. The learned counsel for the petitioner, therefore, mentioned before this Court that the learned Judge had shown undue haste in listing the matter on the very next day after the closure of evidence by the prosecution and issued a non-bailable warrant against the petitioner. Hence, this case was listed on 19.09.2025. This Court granted interim stay of all further proceedings, as the transfer petition was pending. The learned Judge thereafter sent a report to this Court, as directed, stating that the allegations made by the petitioner are baseless; that the petitioner has filed the petition only to delay the proceedings before the trial Court; and that she has been following the procedure strictly and had not granted unnecessary adjournments.

7. In the light of the aforesaid facts, this Court, without going into the merits of the claim made by the petitioner and considering the well recognised principle “Justice should not only done but seen to be done”, is inclined to transfer the case from the file of the learned Special Judge for Communal Clash Cases, Madurai, to the file of the learned Principal Judge, Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985 Cases, Madurai. The learned Principal Judge, Special Court for NDPS Act Cases, Madurai shall complete the trial as against the petitioner within a period of one month from the date of receipt of a copy of this order.

8. Consequently, the non-bailable warrant issued against the petitioner by the learned Judge on 18.09.2025 is set aside. The petitioner shall appear before the learned Principal Judge, Special Court for NDPS Act Cases, Madurai, on 20.11.2025 and thereafter on all hearing dates.

9. The learned Special Judge for Communal Clash Cases, Madurai, shall transmit all the records to the learned Principal Judge, Special Court for NDPS Act Cases, Madurai, forthwith, but not later than 17.11.2025. A copy of this order shall be communicated to the learned Special Judge for Communal Clash Cases, Madurai, by the Registry on 13.11.2025.

10. With the above observations, these Criminal Original Petitions are allow