Transfer of criminal case from Bombay to Delhi


Court :

Brief :
The court observed that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried.

Citation :
Appellant: MANEKA SANJAY GANDHI AND ANR. Respondent: RANI JETHMALANI Citation: 1979 AIR 468, 1979 SCR (2) 378 1979 SCC (4) 167

Maneka Sanjay Gandhi and Anr vs. Rani Jethmalani on 23 November, 1978

  • Bench: Krishnaiyer, V.R.
  • Issue: Transfer of criminal case from Bombay to Delhi

Facts:

1. Rani Jethmalani, a young advocate by profession and daughter of an MP, presses defamation charges against Mrs. Maneka Gandhi, Wife of Sri Sanjay Gandhi and daughter in law of Former Prime minister of India, Mrs. Indira Gandhi.

2. This is a transfer petition, been made, for the transfer of this case from Bombay to Delhi.

Appellants Contention:

  • The Appellant contented that an alternate venue will not hamper the complaint and will not really mitigate the serious difficulties of the accused. 
  • The petitioner also claimed that both the parties reside in Delhi and some formal witnesses also belong to Delhi; thus transferring the case to Delhi will not bring any hindrance in the path of justice.

Respondent Contention

Since the witnesses of this case belonged to Bombay, hence the respondent objected to the transfer petition.

Final Decision

The court observed that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried.

Also the court pointed that it is difficult to believe that a person of the position of the petitioner who is the daughter-in-law of the former Prime. Minister, wife of a consequential person and, in her own right, an editor of a popular magazine, is unable to engage a lawyer to defend her in another city while she is apparently represented in many legal proceedings quite competently.

Emphasising on the assurance of a fair trial as the first imperative for the dispensation of justice and not letting easy availability of legal services for a particular party, the court dismissed the transfer of petition.

 

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Saguna Patheja
on 27 August 2020
Published in Criminal Law
Views : 207


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