Delhi HC sets aside case transfer order, issues direction to principal judges

New Delhi [India], May 29 : The Delhi High Court has set aside an order of transfer of the case sought on the ground of bias. It has directed to ensure that no case is transferred without inviting and considering the comments from the concerned judge.
The High Court has also issued direction to all Principal District and Sessions judges. The Enforcement Directorate (ED) had challenged the transfer of the case.
Justice Swarana Kanta Sharma on Tuesday set aside the transfer order and remanded the matter back to Principal District and Sessions Judge, Rouse Avenue court.
This order has been passed in Bhushan Steel Money Laundering Case which was transferred from the judge who allegedly remarked to the court staff that " Who gets bail in ED case."
While setting aside the order, justice Swarana Kanta Sharma, " This Court is of the opinion that there were no sufficient reasons to transfer the matter from the concerned learned Special Judge to another learned Judge, without calling for comments from the learned Trial Judge."
" In view of the foregoing discussion, this Court is inclined to set aside the order dated 01.05.2024," justice Sharma ordered on May 28.
The High Court remanded back, and the learned District and Sessions Judge is directed to decide the transfer petition afresh, after calling for comments from the concerned learned Special Judge and taking into consideration the observations made in the preceding discussion.
While passing this order, this Court has made an endeavour to ensure that the balance of justice and purity is maintained not only towards the parties but also to the judicial fraternity and the community, Justice Sharma said in the order.
The High Court observed, "A stray general comment by a judge to one of his staff members who is not a participant in the decision-making process and has no interest in the outcome of any case cannot become a ground to infer that the learned judge was saying something in context of the similar case so as to invite allegations of bias," Justice Sharma said.
She further said that there is nothing on record to reveal or suggest any bias due to the desire of the learned Special Judge, who favoured the prosecution as there are only two parties before the judge, infecting/influencing his views to the extent of adversely denying justice to the applicant.
"In the present case, even if it is taken to be true that the learned Special Judge in question did utter the words as alleged against him, it does not reflect any real apprehension of bias towards the respondent and any unfair favouring to the prosecuting agency as it is not known as to in what context the alleged comment was passed and in relation to which case," justice Swarana Kanta Sharma said.
This High Court has issued guidelines to be followed by the learned principal district and session judges while dealing with transfer applications filed before them.
The High Court said that the comments of the concerned Judge from whom the case is sought to be transferred on ground of bias will be called mandatorily. Secondly, the application will be decided after considering the said comments and in light of principles of real apprehension of
bias.
Thirdly, the other principles regarding the attending circumstances being considered will also be taken into consideration at the time of deciding such applications, the high court said.