Gujarat High Court Transfers Trial In Criminal Intimidation Case To Morbi After Lawyers In Bhuj Refuse To Defend Accused

The Gujarat High Court recently allowed a petition filed by an accused for transfer of his case from Kachchh district to Morbi on the ground that no advocate from the District Bar Association, Bhuj was willing to defend the accused as the lawyers' body had passed a resolution not to defend him.

The single judge bench of Justice Ilesh J. Vora observed:

“In the facts of the present case, the apprehension expressed by the applicant that, he will not get fair and impartial trial as no any advocate of the Bar is ready to defend his case. Considering the resolution of the Bar, the members were not satisfied with the conduct of the applicant herein. On earlier occasion also, he was convicted by the Court as he could not defend his case properly. Thus, the apprehension expressed by the applicant herein is reasonable and considering the peculiar facts and circumstances of the present case, this Court is of the opinion that, the grounds mentioned in the petition are substantial to necessitate the exercise of power of transfer, mainly on the ground of depriving the facility of competent legal aid to the petitioner.”

The applicant-accused was charge-sheeted for the offences punishable under Section 504 and Section 506(2) of IPC in a criminal case pending before Additional Judicial Magistrate First Class, Bhuj-Kachchh.

The applicant submitted before the High Court that he was defending his case as party-in-person before the trial court since no advocate was ready to defend his case.

It was further submitted that even the DLSA, Bhuj was unable to provide the services of the advocates in legal aid as the panel advocates were not willing to take up the matter of the applicant.

The applicant was convicted and sentenced for a simple imprisonment of 1 year against which he preferred an appeal. The Appellate Court remanded back the matter, directing the trial Court to recall the witnesses and provide legal aid from the penal of District Legal Aid Committee, Kachchh.

The applicant’s counsel submitted that considering the compelling circumstances and to protect the fundamental right of the applicant to get fair trial, more particularly, right to consult and to be defended by the legal practitioner of the choice of the applicant, the criminal case may be transferred to adjoining District - Morbi.

The court said:

“In the case of transfer from one District to another, the law is very well settled by catena of decisions of the Apex Court. It is held by the Apex Court in its various decisions that the primary object of every procedural law to facilitate justice and further its ends. A fair and impartial trial is an essential requirement of dispensation of justice.”

Considering the apprehension expressed by the applicant that he will not get fair and impartial trial as no any advocate of the Bar is ready to defend his case, the court ordered to transfer the criminal case from Judicial Magistrate First Class, Bhuj-Kachchh to Judicial Magistrate First Class, Halvad, Morbi.

Case Title: Ramjibhai Ravjibhai Siyani v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 67

Coram: Justice Ilesh J. Vora

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