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Supreme Court Of India

Hon'ble Judge(s): Hrishikesh Roy , J

Criminal P.C. (2 of 1974) , S.406— Supreme Court Rules , O.39— Transfer of trial - Power of - Matter relating to alleged sacrilege of holy book, Shri Guru Granth Sahibji in different places in Punjab, generating deep anguish and bitterness amongst particular religious group - Plea that situation in Punjab is so communally surcharged that accused persons would be deprived of fair trial, if they are to be conducted within State - No specific instance of prejudice brought to notice on account of social boycott call or appeal to Medical professionals or taxi operators, to deny co-operation - Matter emanates from State of Punjab and accused, witnesses and prosecutors are all from State - If trial is shifted out, all of them would face difficulties - Transfer of trial from one State to another would inevitably reflect on credibility of State's judiciary - Except for compelling factors and clear situation of deprivation of fair justice, transfer power should not be invoked - Transfer, not allowed. (Para 18) For transfer of trial from one Court to another, the Court must be fully satisfied about existence of such factors which would make it impossible to conduct a fair trial. General allegation of surcharged atmosphere is not however sufficient. The apprehension of not getting a fair and impartial trial cannot be fou....