Lagatar24 Desk
New Delhi, Jan 4: The Samajwadi Party Leader Azam Khan’s request for the Supreme Court to transfer his cases from the State of Uttar Pradesh to another state was denied on Wednesday. A court made up of CJI DY Chandrachud, Justice Abdul Nazeer, and Justice PS Narasimha heard the case.
Azam Khan’s senior attorney, Kapil Sibal, contended that due to the numerous cases that have been filed against him, he will not receive a fair trial in the State of UP. Sibal claimed that he was convicted in a case while his Section 482 petition asking the production of more evidence was still pending in the High Court and that the conviction caused him to lose the Rampur seat. This was done to demonstrate the alleged bias.
He claimed that Khan was being ‘harassed’ by the State’s hundreds of FIRs that had been filed against him. He said that the trial court had ignored his concerns and was moving forward with the case despite the police using fake documents against him.
The bench was not persuaded that these justifications were sufficient to transfer the cases, though. Khan might dispute any order before the upper courts, the panel said, if he was unhappy with it. The bench stated: “A incorrect order is not a cause to infer bias and transfer the trial from the state.”
“You can approach the Allahabad High Court under Section 482 of the CrPC. Today trial is being conducted and witness statements are being recorded. This is not a ground for transfer. Can you not challenge this order before the High Court? You can always ask for a transfer before any other district of the State of UP. But you’re saying that they won’t hear your plea anywhere in the State!Sorry we can’t transfer,” said CJI Chandrachud.
However, Sr Adv Sibal submitted that transferring the case to another district will not be helpful.
“It’s not a judge your Lordships, it’s the State. Everywhere it’s the same“, he said.
The bench was still not convinced.
“When we transfer, we need a far more cogent reasons for the transfer. We are giving you the liberty to approach the High Court but we can’t transfer,” CJI Chandrachud said.
