New Delhi, Feb 19: Rejecting the plea for transfer of Nitish Katara murder case from the present trial court, the Delhi High Court today said any observation by the trial judge during the hearing or any adverse order passed by him cannot be a ground for prejudice and claiming transfer. Dismissing the petitions by Rajya Sabha MP D P Yadav's son Vikas and nephew Vishal, prime accused in Katara murder, for transfer of the case from the court of special judge here on the grounds that his certain observations were prejudicial, Justice R C Chopra said if such a plea was accepted "it would lead to endless transfer petitions and throttle the entire judicial system". "During the course of trial situations keep on arising where the judge with a view to control the proceedings has to make certain comments or observations. These do not become part of the record and also do not constitute the material for prejudice," the high court said holding that there was nothing or record to show that the trial judge in the present case was prejudicial to the accused persons. The criminal proceedings has to be conducted by the trial judge "firmly to preserve" people's faith and confidence in the administration of justice, the court said.
"Even if some observations are made by a judge while conducting the trial proceedings which may not be palatable or warranted, those are required to be taken in stride and no undue importance should be attached to every remark for carrying an impression that the judge is unfair or is not going to decide the matter in accordance with the law," it observed.

Bureau Report