Lead India: Process To Transfer Case In Supreme Court From High Court Due To Delay

Monday 7 November 2022

Process To Transfer Case In Supreme Court From High Court Due To Delay

Transfer Petition Under Code of Civil Procedure:

Section 25 of the Code of Civil Procedure, 1908, deals with the Supreme Court's ability to transfer petitions in civil matters. The petition can be moved from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State, according to the statement. A party may request this, and if the SC determines it will facilitate the party's pursuit of justice after hearing from those parties, it may transfer the petition. If the court denies such a petition, it may force the petitioner to compensate the application's opponent up to 2,000 rupees. The high court lawyers in Delhi can help you better understand the provisions of CPC.

Transfer Petition for Criminal Cases:
According to Section 406 of the Code of Criminal Procedure, 1973, the Supreme Court has the authority to transfer cases, petitions, and appeals that are pending in one High Court to another High Court or from a criminal court below one High Court to another criminal court below another High Court with equal or superior jurisdiction in order to provide justice for the party. Subsection 2 states that before the SC can take action, an application must first be submitted by the party or its attorney. In addition, according to what the CPC states, if the court dismisses such a petition, it may order the applicant to pay up to Rs. 2,000 to the applicant's opponent. To get a transfer in criminal cases, you should consider hiring the top lawyers in Delhi.
Constitutional Provisions Facilitating Transfer:

Regardless of what is stated under the CPC and CrPC, there are a few provisions stated in the Indian Constitution that allow for the direct transfer of a case from one court to another in order to provide the citizen with full justice and uphold the citizen's right to justice as stated in Article 21 of the Indian Constitution.
  • A person may file a petition with the Supreme Court to have their rights upheld these provisions, which are found in Article 32, the Right to Constitutional Remedy. In order to enforce any of the rights, the SC issues writs.
  • In accordance with Article 136, the Supreme Court has the authority to grant special leave to appeal any judgement or decree rendered by any court or body.
  • Article 142 - According to this article, the Supreme Court has broad authority to carry out both legislative and executive duties in order to achieve comprehensive justice in any case.
  • A case may be transferred by the Supreme Court or from one High Court to another on the grounds that it pertains to a wider legal issue under Article 139A.
Parameters to Decide Upon Transfer Petitions:

In Nahar Singh Yadav v. Union of India (2011), a few guidelines were established for the court to follow when approving transfer applications. It was claimed that there was no clear-cut way to decide whether or not Section 406 power should be used. Only when there is reasonable evidence and it is required to give credibility to the trial, especially when dealing with national or international repercussions, may the order be made. It cannot be made simply based on suspicion of an unfair trial. Before placing an order for this, the following considerations should be made:
  • When it can be determined that the state apparatus or the prosecution is collaborating with the accused, there is a chance that justice won't be served because of the prosecution's careless behaviour.
  • If the accused may put the complaint at risk, or if he could sway the witnesses and inconvenience everyone.
  • The State Exchequer will also be responsible for covering the costs associated with paying witnesses' travel and other expenses, both official and unofficial.
  • Providing proof showing the difficulty to conduct a fair and impartial trial due to the allegations brought against the accused and the nature of the crime committed by the accused is necessary if there is a highly charged atmosphere.
  • There is certain hard evidence that some threatening people will strongly meddle.
In order to file a transfer petition in the Supreme Court, you can seek the assistance of the supreme court lawyers in Delhi.

Delay as Ground for Transfer:

During a transfer petition hearing, the Supreme Court rejected moving cases from one High Court to another. Because his case had been pending in one high court for too long, the petitioner wanted it to be moved to another. The issue involved land acquisition procedures that were conducted in the former state of Andhra Pradesh but are now located in Telangana as a result of the division of the state. The writ petitioner claimed to have lost everything, but the High Court has not yet heard the matter in order to make a decision

According to Justice V. Ramasubramanian, the delay cannot be a justification for approving the same. The petition was submitted in an effort to have a Telangana High Court appeal transferred to the Delhi High Court. The Supreme Court ruled that the sole justification for moving the matter cannot be accepted since "Every court has its own constraints."

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