Institute of Legal and Management Studies

The Supreme Court today issued notice on the plea to transfer a hit-and-run case involving a sitting Judicial Magistrate as an accused from Punjab to Delhi.

A bench of Justices Surya Kant and Joymalya Bagchi passed the order, upon hearing Advocate Raja Choudhary on behalf of the petitioner (deceased's wife). The Court stayed further proceedings in the trial pending before a Phagwara Court and asked the petitioner to seek transfer of a connected writ petition as both the cases must be heard together.

The petitioner raised an apprehension of lack of fair trial in Punjab since the accused is working in the judicial service there.

It may be recalled that the matter was mentioned yesterday for urgent listing, when the petitioner's counsel submitted that the petitioner's husband died due to the hit-and-run incident. The accused is a Judicial Magistrate posted in Hoshiarpur, Punjab and the matter is pending at the stage of framing of charges before Judicial Magistrate, Phagwara.

On a specific query, it was informed that the transfer was being sought to a Court in Delhi-NCR. "Hit and run...where the accused is a judicial magistrate?" Justice Kant asked, on hearing the counsel. The judge further queried why the case could not be transferred to Chandigarh and asked who the Magistrate was.

Today, at the outset, Justice Kant asked Choudhary if the petitioner was serious about her prayer for transfer of the case to Delhi. "Since I have some basic information about the ld. Magistrate, he has a lawyer family background...that's the only apprehension...he's from Sirsa...some family members practicing in Chandigarh...", the counsel responded.

Hearing him, Justice Kant said, "We will transfer the case wherever you want in India...no difficulty...[but] the other eye-witnesses, like sister of the deceased, will they be able to come to Delhi?".

"They will be able to come", Choudhary replied. Accordingly, the Court issued notice on the plea to transfer the case.

The petition has been filed through AoR Rajesh Singh Chauhan.

Case Title: AASHIMA Versus THE STATE OF PUNJAB AND ANR., Diary No. 54082-2025