Punjab & Haryana HC Transfers Criminal Trial as Accused Are Advocates in Same Court, Cites Threat to Fair Trial [Read Order]

Punjab: The Punjab & Haryana High Court has delivered a significant judgment transferring a criminal trial to another district to ensure fair legal representation, emphasizing the fundamental right to effective legal assistance and the principles of a fair trial.

Justice Harpreet Singh Brar made crucial observations on the right to legal representation, particularly when the accused are practicing advocates in the same court where the case is pending.

The court was hearing Criminal Misc. Applications No. CRM-M-45786-2024 and CRM-M-45787-2024, filed by Daljit Singh seeking transfer of the trial from the Sub-Divisional Judicial Magistrate, Ajnala to District Tarn Taran or any other location outside Amritsar.

Highlighting concerns about securing legal representation, the court noted, “It has been brought to the notice of this Court that the petitioner is facing genuine difficulty in securing legal representation in District Amritsar, owing to the fact that respondents No.2 to 4 – accused – are practicing as Advocates in the same district where the trial is currently pending.”

The court observed that this scenario has seriously impeded the petitioner’s right to a fair trial and effective participation in the proceedings, creating a reasonable apprehension of denial of access to justice.

In a critical remark about the foundational principles of a fair trial, the court stated, “The inability of a litigant to secure effective legal assistance due to reluctance caused by undue influence or the creation of a hostile environment by the opposite party – especially where the accused is an Advocate practicing in the same court – compromises the foundational principles of a fair trial.”

The judgment emphasized several key legal principles, citing the Supreme Court’s ruling in Zahira Habibullah Sheikh vs. State of Gujarat, stating that “a free trial would necessarily involve the creation of a neutral atmosphere where parties can participate freely by availing effective legal assistance.”

On the complexity of criminal trials, the court referenced Maneka Sanjay Gandhi & Anr. vs. Rani Jethmalani, observing that “The sophisticated processes of a criminal trial certainly require competent legal service to present a party’s case. If an accused person, for any particular reason, is virtually deprived of this facility, an essential aid to a fair trial fails.”

The court reiterated that a free and fair trial is a sine qua non under Article 21 of the Constitution, adding, “It is trite law that justice should not only be done but should also be seen to be done.”

In its final directive, the court held, “Since the petitioner is unable to secure profitable legal representation in Amritsar, this Court finds it appropriate to transfer the trial to another district by invoking Section 447 of the BNSS, in the interest of justice.”

The trial in FIR No. 89 dated 04.09.2018, registered under Sections 420, 467, 471, 468, and 120-B of the IPC at Police Station Khilchiyan, District Amritsar, pending before the Sub-Divisional Judicial Magistrate, Ajnala, is hereby ordered to be transferred to the jurisdiction of the Sessions Judge, Hoshiarpur.

The court also emphasized that the issue is not actual bias but whether circumstances create a reasonable apprehension in the petitioner’s mind. The reluctance of local lawyers to accept a brief against fellow Bar members constitutes valid grounds for the transfer.

Counsel:

• Mr. Pratap Singh Gill, Advocate for the petitioner
• Mr. Nitesh Sharma, DAG, Punjab for the State
• Mr. Lokesh Garg and Mr. Kushagra Mahajan, Advocates for the private respondents

Case Title: Daljit Singh vs. State of Punjab and Others

[Read Order]