The Code of Criminal Procedure is a legislature which provides procedure for administration of criminal law in India. It was established in 1973. Chapter XXXI deals with Transfer of Criminal Cases from Section 406 to Section 412.
Supreme Court, High Court and Session Court have power to transfer cases from one court to another although this power may vary. Transfer of case can be done from court to court to facilitate administration of justice and to provide just and fair justice to all.
SECTION 406- Power of Supreme Court to transfer cases and appeals.
SECTION 407- Power of High Court to transfer cases and appeals
SECTION 408- Power of Sessions Judge to transfer cases and appeals
SECTION 409- Withdrawal of cases and appeals by Sessions Judges
SECTION 410- Withdrawal of cases by Judicial Magistrates
SECTION 411- Making over or withdrawal of cases by Executive Magistrates
SECTION 412- Reasons to be recorded
Common grounds given by Delhi High Court on which applications for transfer are made-
Applications for transfer of criminal cases are frequently made by accused persons on the allegation that such transfer is necessary in the interest of justice. The most common grounds on which such applications for transfer are made are
(a) that the Judge or Magistrate is personally interested in the case, or
(b) that he is connected with one or the other party to the case by relationship, friendship, etc., and is therefore, likely to be partial, or
(c) that he has already formed or expressed an opinion on the subject matter of the enquiry or trial, or
(d) that he has conducted himself in such a manner that no fair or impartial enquiry or trial can be expected from him.
In Ranjit Singh Murder case,
Ranjit Singh a former follower of Dera head, Gurmeet Ram Rahim Singh Insan was murdered on 10th July, 2002 after he raised his voice against the Dera head. He was shot dead in his village Khanpur Kolian.
The accused in the case are Gurmeet Ram Rahim Singh, Krishan Lal, Jasbir, Indersen, Avtaar and Sabdil. This case is one of the oldest cases in CBI court and has been filed since 2007.
The Dera Sacha Sauda Manager Krishan Lal filed an application to transfer case from the Central Bureau of Investigation (CBI) court. Gurmeet Ram Rahim and Krishan Lal appeared through video conferencing from Sunaria Jail (Rohtak) and Ambala Jail respectively.
Krishan Lal sought transfer on the grounds that he had already been convicted in the murder case of Journalist Chhatrapati where the judge believed the testimony of the former dera chief’s driver Khatta Singh who is also a witness in the Ranjit Singh murder case. Many other witnesses are also same in both the cases.
CBI counsel HPS Verma, contradicted that the application was filed by the accused with mala fide intentions to delay the trial and that the previous prosecution was not just based on Khatta Singh’s testimony but various other set of evidences.
Jagdeep Singh, CBI court’s special judge fixed the next hearing on 10th December.
This post is written by Kashish Sandha For more info on subject, please dial 99888-17966.