Litigant has right to seek transfer of case: Bombay HC
A litigant has the right to seek transfer of his case on the ground that a particular judge would not do justice to him, and a request for transfer won`t amount to contempt of the court, Bombay High Court has held.
Mumbai: A litigant has the right to seek
transfer of his case on the ground that a particular judge
would not do justice to him, and a request for transfer won`t
amount to contempt of the court, Bombay High Court has held.
The division bench of Justice D B Bhosale and R V More
was hearing a case of alleged contempt, referred by the
District Judge of Sangli.
The district judge had taken exception to the
application for the transfer of a case before him by one R M
Chimanna, and his lawyer, S S Doshi.
A Magistrate`s court had earlier given a ruling in
favour of Chimanna in a cheque bouncing case (where he was a
complainant), sentencing the accused to rigorous imprisonment
for 12 months, and asking him to pay fine of Rs nine lakh.
However, when the accused filed appeal, the District
Judge granted a stay to the sentence.
Chimanna then filed an application seeking that
another sessions judge hear the case. He alleged that such a
stay was unprecedented, going by the judge`s past record.
District judge referred the matter to High Court for
initiating action under Contempt of Court Act.
In the ruling last month, the High Court held that
"a litigant is fully justified in expressing his apprehension
that justice will not be done in his case provided he says so
in proper language or in a temperate manner".
"A litigant has right to make an application for
transfer...and as long as the apprehension expressed is
reasonable and recorded in temperate manner the court
concerned is not expected to get disturbed," the High Court
However, the judges also said that such an application
must not "attribute any improper motives" to the court.
No contempt had taken place in the present case, the
High Court held.