Case Note & Summary
The case involved an appeal by the appellant, Suraj Ghising Lama, who was accused in a criminal matter pending before the Additional Sessions Judge in Yupia, Arunachal Pradesh. The appellant expressed concerns regarding the fairness of the trial, arguing that with only three Sessions Judges in Arunachal Pradesh, he was unlikely to receive impartial justice. He requested the Supreme Court to transfer the case to a different jurisdiction. The Supreme Court, after hearing both sides, agreed that transferring the case was necessary to uphold the interests of justice. The court ordered the transfer of the case to the Sessions Court in North Lakhimpur, Assam, and instructed the Additional Sessions Judge in Yupia to send all relevant records to the new court. The State of Assam was also directed to make arrangements for the prosecution of the case in the new jurisdiction. The appeal was disposed of with these directions.
Headnote
A) Criminal Procedure - Transfer of Case - Fair Trial - Code of Criminal Procedure, 1973, Section 406 - The appellant sought transfer of the case from Arunachal Pradesh due to concerns of judicial impartiality, citing the limited number of Sessions Judges in the state. The court found it in the interest of justice to transfer the case to ensure a fair trial, directing the transfer to the Sessions Court in North Lakhimpur, Assam (Paras Not mentioned).
Issue of Consideration
Whether the criminal case should be transferred out of Arunachal Pradesh for a fair trial.
Final Decision
The Supreme Court ordered the transfer of the criminal case from Arunachal Pradesh to the Sessions Court in North Lakhimpur, Assam, to ensure a fair trial. The court directed the Additional Sessions Judge in Yupia to send all records related to the case to the new jurisdiction and instructed the State of Assam to arrange for the prosecution.
Law Points
- Transfer of case
- fair trial
- judicial impartiality
