Delhi High Court Issues Guidelines For Trial Court Judges To Decide Transfer Applications

The Delhi High Court yesterday issued guidelines to be followed by the Principal District & Sessions Judges in the national capital while dealing with transfer applications filed before them.

Justice Swarana Kanta Sharma directed that the comments of the concerned Judge from whom the case is sought to be transferred on ground of bias shall be called mandatorily.

The court said that the transfer application has to be decided after considering the said comments and in light of principles of real apprehension of bias.

“The other principles regarding the attending circumstances being considered will also be taken into consideration at the time of deciding such applications,” the court said.

Justice Sharma passed the order while setting aside a trial court order transferring Bhushan Steel money laundering case from one judge to another, after one of the accused alleged that the judge passed a comment expressing "ED matters me kaun si bail hoti hai?”

The court said the relationship between the staff and the judge has to be treated as confidential and it should not become a subject of scrutiny by the litigants or the lawyers.

“This Court is also of the firm opinion that court proceedings of all Courts of law in India which are widely reported these days, including the Beautiful Banters Between Bar and Bench who share a Bond of Bonhomie, have to be safeguarded from any onslaught,” the court said.

It added that allowing allegations to be made on the basis of mere overheard conversations between a judge and his court staff and transferring cases from one criminal court to another on such premise will undermine this dignity and threaten the integrity of the entire judiciary.

“Such apprehensions cannot be entertained in absence of any iota of evidence,” the court said while disposing of ED's plea against the transfer order.

The application seeking transfer of proceedings was moved by accused Ajay S. Mittal. He alleged that while his bail plea was pending before the judge, his wife, once the counsels left the court room, heard the judge saying “lene do datein, ED matters me kaun si bail hoti hai.”

Also Read: Delhi High Court Sets Aside Order Transferring PMLA Case After Judge Said 'ED Matters Me Kaunsi Bail Hoti Hain'

Counsel for Petitioner: Mr. Zoheb Hossain, Special Counsel for ED with Mr. Kartik Sabharwal, Advocate

Counsel for Respondent: Mr. Sandeep Sethi & Mr. Mohit Mathur, Senior Advocates with Mr.Sanyam Khetarpal, Mr. Deepak Goel & Ms. Shreya, Advocates

Title: ED v. Ajay S Mittal

Click here to read order