Institute of Legal and Management Studies

The Supreme Court will be hearing on Friday the plea to transfer a hit-and-run case involving a sitting Judicial Magistrate as an accused.

The matter was mentioned today before a bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh by counsel for the petitioner, that is, the deceased's wife.

The 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, she informed that the transfer is 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 cannot be transferred to Chandigarh.

"Why Delhi? Let it go to Chandigarh" said Justice Kant. The counsel however submitted that a Court in Delhi-NCR would provide a neutral ground so that the petitioner does not have apprehension of bias.

Before concluding, Justice Kant inquired about the concerned Judicial Magistrate, but when counsel began searching the case file, the judge chose not to press further and granted the request for urgent listing.