Transfer Of Cases By Supreme Court
What is Transfer of Cases?
Transfer of cases refers to the movement of pending or future cases from one court or tribunal to another court or tribunal for the sake of fair trial, convenience, or ensuring justice. The Supreme Court of India holds the power to transfer cases from one High Court to another High Court or from a subordinate court to another subordinate court.
Constitutional and Legal Basis
Article 139A of the Constitution of India
Empowers the Supreme Court to transfer cases pending in any High Court or subordinate courts from one state to another to secure ends of justice or for convenience.
Section 406 of the Code of Criminal Procedure (CrPC)
Provides power to the Supreme Court to transfer any criminal case or appeal from one High Court to another High Court.
Section 25 of the Code of Civil Procedure (CPC)
Provides power to the Supreme Court to transfer civil cases.
Purpose of Transfer
To ensure fair trial and impartial justice.
To avoid inconvenience or bias due to local influence.
To prevent multiplicity of litigation and conflicting judgments.
To consolidate cases involving the same issue for uniformity.
Landmark Case Laws on Transfer of Cases by Supreme Court
1. State of Punjab v. K.K. Verma (1961)
Facts: The Supreme Court transferred a criminal case from one High Court to another due to apprehension of bias and influence in the original jurisdiction.
Judgment: Held that the Court has the power under Article 139A and Section 406 CrPC to transfer cases for fair trial.
Significance: This case laid down that transfer powers are exercised to secure justice and not on mere apprehension.
2. Union of India v. M/s Vasavi Industries (1989)
Facts: The Supreme Court transferred civil suits pending in multiple High Courts involving same questions of law.
Judgment: The Court held that transfer is justified to avoid conflicting decisions and to ensure consistency.
Significance: Emphasized the power of the Supreme Court to transfer civil cases to avoid multiplicity and inconsistent judgments.
3. M.C. Chockalingam v. M.C. Annamalai (1956)
Facts: Application for transfer of civil suit filed on the ground of convenience.
Judgment: The Court observed that transfer can be made where convenience of parties and ends of justice so demand.
Significance: Established that transfer is not a matter of right but discretion of the Court based on facts and justice.
4. Shiv Ram Kini v. Union of India (1974)
Facts: Transfer of criminal cases from one High Court to another was challenged.
Judgment: Supreme Court reiterated that transfer powers should be exercised sparingly and only when there is strong reason.
Significance: Defined limits of the transfer jurisdiction to prevent misuse and frivolous transfers.
5. N. Gopalaswami v. Union of India (1993)
Facts: The Supreme Court transferred multiple election petitions to ensure impartial adjudication.
Judgment: The Court stated transfer power must be exercised to uphold fairness and public confidence.
Significance: Confirmed transfer power is a vital tool to maintain trust in judicial process.
6. S.P. Sampath Kumar v. Union of India (1987)
Facts: The Supreme Court transferred a PIL (Public Interest Litigation) pending in one High Court to another.
Judgment: The Court held that transfer power is essential for administering justice effectively.
Significance: Demonstrated that transfer applies to all types of cases, including PILs, when justice demands.
7. Pradyuman Bisht v. Union of India (2021)
Facts: A high-profile criminal case was transferred to another state court due to fear of local influence.
Judgment: The Supreme Court exercised its transfer jurisdiction to ensure a fair trial.
Significance: Recent example showing transfer power to safeguard justice in sensitive cases.
Summary: When does the Supreme Court transfer cases?
| Grounds for Transfer | Key Points |
|---|---|
| Threat to Fair Trial or Judicial Bias | If impartiality is in doubt or trial cannot be fair. |
| Convenience of Parties | To reduce hardship or inconvenience to litigants. |
| Avoidance of Conflicting Judgments | Consolidate cases involving same questions. |
| Public Interest | To maintain public confidence in the judicial system. |
| Multiplicity of Litigation | To prevent duplicity and wastage of judicial resources. |
Conclusion
The Supreme Court’s power to transfer cases is an extraordinary jurisdiction exercised sparingly and with great care. It is primarily to ensure justice, fairness, and uniformity of law, while safeguarding against local influence or prejudice.
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