New Delhi: In a judgement, the Supreme court has said that criminal cases cannot be transferred from one state to another on the basis of the convenience of the accused. If cases are transferred from one court to another on the basis of distance, the provisions of the jurisdiction of the court to prosecute the cases decided in the CPRC will be meaningless. As far as the directions of the law are concerned, there is no point in convenience and inconvenience.
A single bench of Justice Anirudh Bose passed the verdict while dismissing the transfer petition filed under Section 406 of crpc shifting a case from Salem in Tamil Nadu to Patiala House Court in Delhi. Under Section 406, the Supreme court has the fundamental right to shift cases from one state to another. While within the State, the concerned High Court has the power to refer the case from one sessions court to another.
The court said that when a case is registered, either the accused or the complainant has to travel all over the state and go to a regional right court to join the process of trial. Even the case cannot be transferred based on the language problem. In this case, the accused had said that he did not understand Tamil, so his case should be sent to Delhi. Under Section 406, the case is transferred only when justice has to be ensured and it is not possible to ensure this justice in that State.
UN chief Guterres urges immediate end to growing escalation in Israel-Palestine
Anupam Kher extends a helping hand after Sonu Sood and Salman
Flipkart scales up grocery supply chain to meet demand amid second covid wave