Transfer of Petition in Supreme Court of India: How to File a Transfer Petition
Transfer Petition in the Supreme Court of India
A Transfer Petition is filed in the Supreme Court of India when a party seeks transfer of a case from one High Court or one court to another High Court or court. The purpose is to ensure fair trial, impartiality, and convenience, especially when a case involves parties from different states or when there is apprehension of bias in the existing court.
Legal Basis
Article 139A of the Constitution of India:
The Supreme Court has the power to transfer cases from one High Court to another or from one subordinate court to another for the ends of justice and fair trial.
Supreme Court Rules, 2013:
The rules provide procedures for filing Transfer Petitions and the required documents.
Relevant Sections of the Code of Civil Procedure (CPC) and Criminal Procedure Code (CrPC):
Civil Cases: Sections 24-25, CPC
Criminal Cases: Section 406(2), CrPC (for transfers between states in criminal matters)
Types of Transfer Petitions
Civil Transfer Petition:
Filed to transfer civil suits, appeals, or proceedings from one High Court to another or from one subordinate court to another.
Usually filed when there is apprehension of bias, undue influence, or convenience of parties.
Criminal Transfer Petition:
Filed to transfer criminal cases, trials, or investigations from one court to another.
Often used when the accused or witness fears prejudiced treatment in the existing court.
Grounds for Filing a Transfer Petition
Some common grounds include:
Bias or Prejudice:
If a party fears that the judge in the current court may be biased due to political influence, personal interest, or other reasons.
Convenience of Parties:
If the current court’s location creates extreme hardship for parties or witnesses.
Safety of Witnesses or Parties:
If there is a threat to life, property, or safety in the current jurisdiction.
Fair Trial:
To ensure that justice is delivered impartially.
Multiple Related Cases:
If similar cases are pending in different courts, a transfer can help consolidate them for uniform decisions.
Procedure to File a Transfer Petition in the Supreme Court
1. Drafting the Petition
The Transfer Petition must include:
Title: “Transfer Petition (Civil/Criminal) from High Court/Lower Court … to …”
Petitioner Details: Name, address, and legal representative.
Respondent Details: Name, address, and official designation (for government parties).
Case Details: Case number, court, and nature of the case.
Grounds for Transfer: Detailed reasons why transfer is necessary (bias, convenience, safety, etc.).
Reliefs Sought: Clear statement of the court where the case should be transferred.
2. Affidavit in Support
The petition must be accompanied by a sworn affidavit verifying the facts and reasons for transfer.
Include any documentary evidence supporting the claims (threat letters, proof of bias, distance calculations, etc.).
3. Filing the Petition
Submit the petition to the Supreme Court Registry.
Pay the required court fee, which depends on whether it is a civil or criminal case.
The petition is usually filed through an advocate registered with the Supreme Court.
4. Listing Before the Court
After filing, the petition is listed before the Supreme Court bench.
The Court may issue notice to the respondents, asking them to respond.
5. Hearing
The Court hears arguments from both sides:
Petitioner: Why transfer is necessary.
Respondent: Why the case should remain in the current court.
6. Court Order
The Supreme Court may:
Allow the transfer and direct the case to be moved to another court.
Reject the petition if there is no sufficient ground.
Once allowed, the Registry coordinates with the respective courts to transfer the case file.
Points to Note
No Automatic Transfer:
The Supreme Court does not automatically transfer cases; it must satisfy itself that justice requires a transfer.
Interim Orders:
Sometimes, the Court may pass interim orders to protect parties during the pendency of the transfer petition.
Costs:
The petitioner may be required to bear part of the costs if the petition is found to be vexatious or frivolous.
Timeframe:
Transfer petitions are urgently heard if they involve criminal cases or imminent harm to parties or witnesses.
Illustrative Example
Suppose a criminal case is filed in a district court in State A, but the accused lives in State B and fears local influence on the trial.
The accused can file a Criminal Transfer Petition in the Supreme Court, requesting the case be transferred to a neutral court in State B.
The Supreme Court may then examine the evidence, hear parties, and order transfer if it ensures a fair trial.
Summary
Transfer Petition is a legal remedy to shift a case for fair trial, convenience, or safety.
It can be civil or criminal and must be filed in the Supreme Court under constitutional and procedural provisions.
Key Steps: Draft petition → Affidavit → Filing → Listing → Hearing → Court Order.
Grounds include bias, safety, convenience, or consolidation of cases.
RELATED Blog
0 comments