The primary expectation of the judiciary is to do an equitable and fair justice. That is mainly for the individuals who are requesting them for the redressal of their case. The judiciary is strict regarding impartial trial and delivery of judgment. In order to support the reputation of the judiciary and safeguard the order of moral standards in granting justice, the court must have reasonable ground for transfer of civil and criminal cases from one court to another.
When an individual doubt the integrity of a trial, the said individual or party shall look for transfer of the said criminal case within the State, it can be done with the assistance of the High Court or with the assistance of the Supreme Court. However, the apprehension of not getting a fair trial and fair investigation must be reasonable and not description based. There must be a sufficient reason to establish the same. The relevant court shall feel the need of carrying out a fair trial is conducive. Though, there is no universal rule for determining the transfer of a case.
While transferring of a case, the court shall consider ease of the prosecution, witnesses, accused and the interest of people at large as well.
Section 406 deals with Power of the Supreme Court to transfer cases
Section 406 – Power of the Supreme Court to transfer cases and appeals.
- At any time, it is made to appear to Supreme Court that an order under section 406 is appropriate for the ends of justice, it may direct that any particular appeal or case be transferred from one High Court to other High Court. Also, from a Criminal Court subordinate to one High Court to other Criminal Court of equal or superior jurisdiction subordinate to the other High Court.
- The Supreme Court may act under section 406 only on the application of Attorney- General of India or a party interested. All such applications shall be made by motion, which shall, besides when the applicant is the Advocate- General of the State or Attorney- General of India, be supported by affidavit or affirmation.
- Where an application for the exercise of the powers conferred by section 406 is dismissed, the Supreme Court may; if it believes that the application was vexatious or frivolous, order the applicant to pay through compensation. It can be done to any individual who has opposed the application such sum not exceeding a thousand rupees as it may regard as appropriate in the situation of the case.
The petitioner or party is liable to show a justifiable cause that justice will fail unavoidably if the case is not transferred onto the other court. Under section 406 CrPC, Supreme Court has been vested discretional powers to transfer appeal or cases from one High Court to some other High Court or the other subordinate criminal court or criminal court of superior or equal jurisdiction subordinate to the other High Court.
The said transfer should be made through an application prepared by the Attorney-General of India or a party including the complainant, public prosecutor, accused etc.
Section 406 takes into account only transfer of an appeal or case; however, transfer of inquiry cannot be solicited under this section. Transfer of FIR also cannot be sought under this section.
While taking into account the transfer, the court has to acknowledge substantial cause for dispensation of impartial justice. A criminal trial aims to influence fair justice and fair trial also if the said is undermined and has an adequate ground to prove the harm that will lead to injustice, the case shall be transferred to another appropriate jurisdiction.
Provision of Transfer of Petition Under CPC
In Civil matters transfer petition in the Supreme Court is entertained Under Section 25 of the Code of Civil Procedure the Supreme Court has the power and authority to transfer any appeal, case of other proceedings from High Court or other civil courts in one State to some other state. Power to transfer the case from aState to the other may be exercised by the Supreme Court when the court is satisfied that an order under this section is expedient for the ends of justice so require.
