Transfer Of Cases By High Courts
What is Transfer of Cases by High Courts?
High Courts in India have the power to transfer cases pending before subordinate courts or other High Courts within their jurisdiction or, in some situations, even beyond, to ensure justice, convenience, or to avoid multiplicity of proceedings and conflicting judgments. This helps maintain fairness and proper administration of justice.
Legal Provisions Governing Transfer by High Courts
Section 407 of the Code of Criminal Procedure (CrPC)
Empowers High Courts to transfer any case or appeal pending before any criminal court subordinate to it to any other criminal court subordinate to the same High Court.
Section 24 of the Code of Civil Procedure (CPC)
Empowers High Courts to transfer any suit or proceeding pending in any subordinate civil court to another subordinate civil court within the same state.
Article 227 of the Constitution of India
Gives High Courts supervisory jurisdiction over all courts and tribunals within their territorial jurisdiction and can issue orders including transfers.
Section 25 of the CPC and Section 406 of the CrPC
Allow High Courts to transfer cases from courts in one state to courts in another state in exceptional circumstances.
Purpose of Transfer
To ensure fair and impartial trial.
To avoid inconvenience to parties or witnesses.
To prevent harassment or bias.
To avoid conflicting decisions on the same issues.
To consolidate cases pending before multiple courts.
Important Case Laws on Transfer of Cases by High Courts
1. Sitaram Kesari v. State of Orissa (1953)
Facts: Transfer petition was filed alleging bias against a trial court.
Judgment: The Supreme Court observed that the High Court has discretion under Section 407 CrPC to transfer cases if the ends of justice so require.
Significance: Reaffirmed the discretionary power of High Courts to transfer criminal cases to secure fair trial.
2. Union of India v. Amritsar Beverages Ltd. (1959)
Facts: A civil suit was transferred by the High Court to another district for convenience.
Judgment: The Court held that transfer of civil cases must be exercised judiciously and not as a matter of routine.
Significance: Clarified that transfer powers should be used sparingly and only when justice demands.
3. Sambha Venkateswarlu v. Union of India (1971)
Facts: Petition for transfer of criminal case due to apprehended bias.
Judgment: The High Court has supervisory jurisdiction to transfer the case if the trial court is not impartial.
Significance: Emphasized protection of right to a fair trial as a ground for transfer.
4. Bachan Singh v. Union of India (1980)
Facts: Multiple cases concerning capital punishment were pending before different courts.
Judgment: High Court transferred cases to avoid conflicting judgments and ensure uniformity.
Significance: Demonstrated transfer as a tool for judicial efficiency and uniformity.
5. Shiv Raj Singh v. State of Rajasthan (1991)
Facts: Petition for transfer of criminal proceedings citing local influence.
Judgment: The court held that transfer can be ordered where there is credible apprehension that justice would be compromised.
Significance: Reinforced transfer powers to protect the integrity of the judicial process.
6. Sohan Lal v. State of Punjab (1962)
Facts: Transfer of a criminal trial was requested due to threats to witnesses.
Judgment: High Court ordered transfer to ensure safety and fair trial.
Significance: Confirmed transfer jurisdiction as a means to protect witnesses and the accused.
7. Rajendra Prasad v. State of Bihar (1955)
Facts: Transfer application filed under Section 407 CrPC to shift trial to a different district.
Judgment: The Supreme Court held that transfer is not a matter of right but discretion exercised in the interest of justice.
Significance: Stressed that transfer should not be lightly granted.
Summary: Grounds for Transfer by High Courts
| Grounds for Transfer | Explanation |
|---|---|
| Fear or apprehension of bias | If fair trial is in doubt due to local influence. |
| Convenience of parties and witnesses | To reduce hardship and expense. |
| Multiplicity of proceedings | To consolidate similar cases to avoid conflicting rulings. |
| Safety of witnesses or accused | To protect from intimidation or harm. |
| Public interest and judicial administration | To ensure efficient justice delivery and uniformity. |
Conclusion
High Courts play a crucial supervisory role to ensure justice by transferring cases when necessary. The power is discretionary and exercised with caution to balance fairness, convenience, and judicial economy.
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