Case Note & Summary
The Supreme Court addressed the request by the Central Bureau of Investigation (CBI) to transfer the trial of the Ghaziabad P.F. Scam from the Special Judge, CBI at Ghaziabad to a court in Delhi. The case involved serious allegations against late Ashutosh Asthana and 82 others, including former District Judges and court employees, for fraudulent withdrawals from the District Treasury. The CBI argued that the trial should be moved due to potential bias stemming from the close associations between the accused and the local judiciary, which could undermine public confidence in the judicial process. The court considered the CBI's concerns but ultimately found that the apprehension of bias was not substantiated by evidence. It emphasized that a fair trial is a fundamental right under Article 21 of the Constitution and that the mere presence of former colleagues among the accused does not automatically imply bias. The court also noted that the trial court was overburdened but stated that this was not a sufficient reason for transfer. The CBI's request for transfer was declined, and the trial court was directed to proceed expeditiously with the case.
Headnote
A) Criminal Procedure - Transfer of Trial - Grounds for Transfer - Code of Criminal Procedure, 1973, Section 406 - The CBI sought transfer of trial due to concerns of bias and public confidence in the judiciary, citing the involvement of former judges as accused. The court held that mere apprehension without substantial evidence does not warrant transfer, emphasizing the need for a fair trial (Paras 25-26).
Issue of Consideration
Whether the trial arising out of the chargesheet filed by the CBI deserves to be transferred from the Court of Special Judge, CBI at Ghaziabad to another court, preferably at Delhi.
Final Decision
The Supreme Court declined the CBI's request for transfer of the trial from Ghaziabad to Delhi, stating that the apprehension of bias was not substantiated by evidence. The court emphasized the importance of a fair trial and directed the trial court to proceed expeditiously with the case.
Law Points
- Transfer of trial
- fair trial
- judicial impartiality
- prosecuting agency's role
- reasonable apprehension of bias
