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Criminal LawSupreme Court of India

Usmangani Adambhai Vahora v. State of Gujarat & Anr.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 1592-1593 of 2015)Decided 8 Jan 2016
Criminal Appeal Nos. 1592-1593 of 2015
Justice Dipak Misra · Justice Prafulla C. Pant

Background

An accused in a long-pending Sessions trial in Gujarat applied under Section 408 CrPC to transfer his case to a different judge, alleging he had overheard a conversation between the informant and his son suggesting the trial outcome and conviction were pre-decided. The Principal Sessions Judge rejected the transfer application, but the Gujarat High Court, exercising its supervisory jurisdiction, quashed that rejection and ordered the case transferred to another Additional Sessions Judge.

Decision Breakdown

The Supreme Court agreed with the High Court that a Section 408 CrPC transfer application is maintainable even after a trial has commenced, but disagreed with the actual transfer. Reviewing precedent, the Court held that an apprehension of bias must be reasonable and objectively grounded, not based on imagined conversations or hypersensitivity, and that a trial judge responding firmly to unsubstantiated allegations does not itself show bias. Finding the apprehension here "absolutely mercurial" and unsupported, the Court set aside the transfer order while upholding the High Court's finding on maintainability, and directed the original trial judge to proceed and dispose of the case within six months.

Lesson Learnt

A request to transfer a criminal trial away from a particular judge must rest on a reasonable, objectively demonstrable apprehension of bias: mere suspicion, rumour, or an overheard remark is not enough, and courts will not let litigants engineer "judge shopping" through vague allegations.

Usmangani Adambhai Vahora v. State of Gujarat & Anr. – Legal Case Shots | LegalAware