SC: Transfer power u/s 406 CrPC is to be invoked sparingly

The Hon’ble Supreme Court, on 16th October 2020, in the matter of Umesh Kumar Sharma v. State of Uttarakhand & Ors. observed that transfer power u/s 406 CrPC is to be invoked sparingly. The plea for transfer of case should not be entertained on mere apprehension of a hyper sensitive person.

The Hon’ble Supreme Court observed that:

Transfer power under section 406 of the CrPC is to be invoked sparingly. Only when fair justice is in peril, a plea for transfer might be considered. The court however will have to be fully satisfied that impartial trial is not possible. Equally important is to verify that the apprehension of not getting a level playing field, is based on some credible material and not just conjectures and surmises. (Para 20)

While assurance of a fair trial needs to be respected, the plea for transfer of case should not be entertained on mere apprehension of a hyper sensitive person. (Para 21)

While considering a plea for transfer, the convenience of parties would be a relevant consideration. It can’t just be the convenience of the petitioner but also of the Complainant, the Witnesses, the Prosecution besides the larger issue of trial being conducted under the jurisdictional Court. (Para 22)

Copy of judgement: Judgement_16-Oct-2020

-Adv. Tushar Kaushik

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