1952 JTR(SC) 49
1953 AIR(SC) 435 ; 1953 CrLJ 1833 ; 1952 SCA 499
SUPREME COURT OF INDIA
M. Patanjali Sastri, CJI., B. K. Mukherjea, N. Chandrasekhara Aiyar, JJ.
L.S. Raju – Appellant
Versus
State of Mysore – Respondent
Petn. No. 195 of 1952
Decided On : 29-05-1952
Act Referred :CRIMINAL PROCEDURE CODE : S.527
Section 537 (as amended by Act 23 of 1952)-Case fit for transfer.
Held: " For any sound and reputable system of administration of justice it is as important that justice should appear to be done as that it is, in fact, done, and it is no reflection on the independence and impartiality of the learned Judges of the Mysore High Court to say that the ends of justice plainly require in the circumstances of this case that this appeal should be transferred to a Court outside the State of Mysore. "The conviction was for attempt to murder the Chief Justice of Mysore High Court, and appeal was to the High Court.
Held: " For any sound and reputable system of administration of justice it is as important that justice should appear to be done as that it is, in fact, done, and it is no reflection on the independence and impartiality of the learned Judges of the Mysore High Court to say that the ends of justice plainly require in the circumstances of this case that this appeal should be transferred to a Court outside the State of Mysore. "The conviction was for attempt to murder the Chief Justice of Mysore High Court, and appeal was to the High Court.
Shri Shiv Prasad Sinha, Senior Advocate (Shri Shaukat Hussain and Shri Sri Narain Andley, Advocates with him) instructed by Shri K. R. Krishnaswamy, Agent, for Petitioner:Shri Somnath Iyer, Advocate-General of Mysore (Shri R. Ganapathy Iyer, Advocate with him), instructed by Shri P. A. Mehta, Agent. for Respondent.
Judgement
ORDER: This is a clear case for transfer. The petitioner has been convicted of an attempt to murder by poisoning Mr. Medappa the Chief Justice of Mysore, on whose complaint the proceedings were instituted. The case aroused considerable local excitement and sensation, having regard to the position of the complainant as the head of the judiciary, the trial had to be held before a Judge specially brought down from Bombay. This, however, made no difference to the forum of appeal which was still the High Court at Mysore and the petitioner accordingly filed his appeal in that Court. He now prays for a transfer of the appeal to some other High Court as he apprehends that he will not have a fair and impartial hearing of the appeal in the Mysore High Court which is presided over by the complainant.
2. This is obviously a weighty ground for the transfer of the case, and the Advocate-General of the respondent State leaves the matter entirely in our hands. For any sound and reputable system of administration of justice it is as important that justice should appear to be done as that it is, in fact, done and it is no reflection on the independence and impartiality of the learned Judges of the Mysore High Court to say that the ends of justice plainly require in the circumstances of this case that this appeal should be transferred to Court outside the State of Mysore. We accordingly transfer the appeal to the High Court at Bombay for disposal.
3. The printing at the necessary records and other preliminary matters will be carried out under the directions of that Court.
Application allowed.
For Citation : AIR 1953 SC 435