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Jatinderveer Arora & Ors. v. State of Punjab

Transfer Petition (Criminal) · 2020 INSC 658Decided 25 Nov 2020
Transfer Petition (Criminal) No. 452 of 2019
Justice Hrishikesh Roy

Background

The petitioners, accused in several criminal cases in Bathinda, Moga and Faridkot (Punjab) relating to incidents of alleged sacrilege against the Guru Granth Sahib, sought transfer of their trials out of Punjab to Delhi or a nearby state. They argued that the communal atmosphere around the "sacrilege" cases made a fair trial impossible, citing social boycott calls, the murder of a co-accused inside Nabha jail, and an allegedly forced statement obtained from one petitioner under Section 164 CrPC.

Decision Breakdown

The Supreme Court held that the power to transfer a trial under Section 406 CrPC must be exercised sparingly and only where a fair trial is genuinely impossible, not merely apprehended. It found that the petitioners, who were out on bail, continued to live and work normally in Punjab without incident, that their lawyers had represented them without interruption, and that no specific complaint of threat or intimidation had ever been raised before the trial court or police. The Court treated the single Section 164 CrPC statement episode as properly supervised by a Magistrate and not indicative of bias, and found the State's assurance of enhanced security sufficient to address safety concerns. Because none of the compelling, case-specific factors required for a transfer (as seen in precedents like Zahira Habibullah Sheikh) were shown here, the transfer petitions were dismissed, while the State was directed to ensure adequate security for the petitioners during trial.

Lesson Learnt

Courts will not transfer a criminal trial out of its home state based on general claims of a "surcharged atmosphere" alone: an accused must show concrete, specific instances proving that a fair trial is actually impossible, not just a generalized fear.

Official source (sci.gov.in)View Judgment (PDF)

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