Trial Cannot Be Routinely Transferred Outside State Solely Due To Involvement Of Political Personality: Supreme Court

A bench of Justice Abhay S. Oka and Justice Augustine George Masih was hearing Congress Madhya Pradesh MLA Rajendra Bharti's plea to transfer a cheating case filed against him by Jila Sahakari Krishi Gramin Vikas Bank from Gwalior, Madhya Pradesh, to another state

Justice Oka remarked during the hearing, “No ground to transfer it outside the state. See, if we start practice of transferring trial on the ground that political personality is involved it would lead to disastrous effect. As if no judicial officer is independent in that state.”

Bharti's party, Congress, is in the opposition in Madhya Pradesh.

Senior Advocate Kapil Sibal argued that a Minister was seen in the company of prosecuting officers and claimed that defence witnesses had been threatened. Sibal clarified, “We are not against judicial officers. You can transfer it to any other place. How can Minister be sitting with the prosecuting officer? We have given photographs. The defence witnesses are threatened. We have given affidavit for that.”

Justice Oka questioned the specific allegations against the sessions judge, to which Sibal responded by pointing out that despite a stay order from the Supreme Court dated March 4, the sessions judge recorded statements under Section 313 of the CrPC on March 5.

Justice Oka remarked that transferring the case to another judicial officer within the state would require approaching the High Court for examination of such allegations. However, the bench made it clear that it is not inclined to transfer the trial outside Madhya Pradesh.

Sibal requested that the Court seek a reply to the allegations. Justice Oka noted that the petitioner must implead the two prosecuting officers accused of being in the company of the Minister.

The bench then passed the following order:

“We permit the petitioner to implead Abhishek Malhotra (Assistant District Prosecution Officer) and Praveen Dixit (District Prosecution Officer) as party respondent numbers 2 and 3. Amended cause title shall be filed within a period of one week. Issue notice to the added respondents returnable on February 10.”

Case no. – T.P.(Crl.) No. 1120/2024 Diary No. 58059/2024

Case Title – Rajendra Bharti v. State of Madhya Pradesh 

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