Transfer of Case from One to another High Court, can only be done, if there is apprehension that ‘justice will not be done’ in the case
Transfer Petition (Criminal) No. 351 of 2013
Bench: Chief Justice of India T. S. Thakur; Justice R. Banumathi; Justice Uday Umesh Lalit
Case Brief: In the present case two transfer petitions were preferred before this court for transferring the petitions filed under section 482 of the Code of Criminal Procedure which are pending before the High Court of Kerala at Ernakulam. Thus, the petitioner herein claiming the transfer of such petitions to the High Court of Delhi. The accused persons being the Navy Officers, shown in the FIR and also the Private respondents in the transfer petitions filed the petitions before the High Court of Kerala under section 482 of Code. And the said petitions are to be transferred in this case. Petitioner, in her claim seeks to transfer the said two petitions on the ground that she has no means or a male member in her family to support her to pursue the case at Kerala. The petitioner also alleges that she faces threat to her life on account of the private respondents. Now, this bench has found that as in connection with the FIR registered at Harbour Police Station, Kochi, the investigation was pending in the state of Kerala, it was also stated this bench has already directed further investigation in the case by special team of state police officers, as such it is desirable that the quash petitions are being heard in the High Court of Kerala, and that High court will be in a better position to take note of further progress in the investigation.
Moreover, this bench also observed that the Supreme Court will transfer a case from one state to another only if there is a reasonable apprehension on the part of party to a case that justice will not be done. Also, bench further pointed that though the petitioner here claimed that the accused are naval officers are influential, but mere apprehension to this effect, may not be sufficient to transfer the case. Thus, bench decided not to transfer petitions from Kerala High Court to Delhi High Court. However, the bench requested the Kerala State Legal Services Authority to nominate a senior counsel for representing the petitioner in the matters before the High Court. Moreover, this bench was also considering the writ petition with the claim of CBI enquiry by the petitioner, in the said case, however, bench decided that the said extraordinary power to direct such central level enquiry to be exercised in the rarest to rare cases, decided not to grant the claim of petitioner.
Read the Judgement: Sujatha Ravi Kiran Vs. State of Kerala and Ors