Institute of Legal and Management Studies

On the victim's family showing apprehension of bias, the Supreme Court today transferred trial in a hit-and-run case involving a sitting Judicial Magistrate as an accused from Punjab to Delhi. The judicial officer is serving in Punjab.

A bench of Justices Surya Kant and Joymalya Bagchi passed the order, after hearing Advocate Raja Choudhary for petitioner (victim's wife).

During the hearing, the judicial officer's counsel apprised the court that he has no objection to the transfer of trial. However, he requested that the trial may be transferred to Noida, instead of Delhi, as the victim's sister-in-law is a practicing lawyer in Delhi and as such the judicial officer may face hostility. In response, Justice Kant said,

"As a judicial officer, do you think these things will matter?"

At this point, the counsel clarified that the judicial officer may face hostility from the Bar. However, the bench was not convinced. Thereafter, the counsel prayed that the matter may be transferred to Rohini Courts, as that court would be the closest when travelling from Punjab, and the personal presence of the officer may be exempted as he has surrendered and tendered bail.

Accordingly, the Court allowed transfer of the trial from Phagwara Court to Chief Metropolitan Magistrate, Rohini Courts, Delhi.

The case was listed alongwith another transfer petition filed by the petitioner, seeking transfer of investigation in the case from the Punjab police to CBI. Disposing of this petition, the bench ordered that the petitioner would be at liberty to move an application before the transferee Delhi Court to seek further investigation if required, which shall be decided by the concerned Magistrate in accordance with law.

In case any further investigation is required, the same shall be entrusted to Delhi police, the bench added. With the consent of the parties, it also transferred to Delhi a motor accident compensation claim case filed by the petitioner in Kullu, Himachal Pradesh to Delhi.

As per claims, the petitioner's husband died due to the hit-and-run incident in February this year. The accused is a probational judicial officer posted in Hoshiarpur, Punjab. The matter was pending at the stage of framing of charges before Judicial Magistrate, Phagwara.

Earlier, while issuing notice, the Supreme Court stayed further proceedings in the trial pending before the Phagwara Court and asked the petitioner to seek transfer of a connected writ petition as both the cases must be heard together. The petitioner had raised an apprehension of lack of fair trial in Punjab since the accused is working in the judicial service there.

Case Title: AASHIMA Versus THE STATE OF PUNJAB AND ANR., Diary No. 54082-2025 (and connected case)