When anyone can file transfer petition in Supreme Court for his case?

You can file a transfer petition before the Supreme Court for both civil and criminal cases. You must contact the Honourable Supreme Court if the case needs to be transferred from one state court to another state court.

Factors that need to be considered by the Supreme Court in the transfer petition:
  • The primary need of the administration of justice and the main factor taken into consideration by the court is the assurance of a fair trial
  • The case is not particularly sensitive, convenient for one party, easily accessible for legal services, or similar to mine-grievances.

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Section 25 of the Code of Civil Procedure, 1908, deals with the Supreme Court's ability to transfer petitions in civil matters. The petition may be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State, per the statement. A party may request this, and the SC may transfer the petition if it thinks that doing so will help the party seek justice after hearing from those parties.

Petition for divorce transfer before the Supreme Court

In a divorce petition submitted to the Supreme Court, the husband does so in his home state, and the woman often relocates to her home/parent state. Therefore, in these situations, the wife requests the transfer of a petition because she is unable to go to the location where the petition is typically filed, that she cannot leave her kid behind, that she is at risk when she ravels to defend the case, or that she cannot afford to do so. Due to the fact that it cannot constantly make her spouse suffer, the court does not always view her from a sympathetic angle. The husband can argue that the wife's transfer petition cannot be approved just because she claims to have a small child because grandparents may be required to care for the youngster.

Constitutional and statutory issues relating to petitions for criminal transfers

The Supreme Court has the ability to transfer cases, petitions, and appeals that are pending to guarantee that the party receives justice under Section 406 of the Code of Criminal Procedure, 1973 pending in one High Court to another High Court, or from a criminal court beneath one High Court to another criminal court with equal or more authority beneath another High Court.

According to Section 2, the SC will only take action on an application that has been made by the party or its attorney. The CPC also specifies that if the court denies such a plea, it may order the applicant to pay up to Rs. 2,000 to the applicant's opponent.

Regardless of what is stated under the CPC and CrPC, there are a few provisions stated in the Indian Constitution that allow for the direct transfer of a case from one court to another to provide the citizen with full justice and uphold the citizen's right to justice as stated in Article 21 of the Indian Constitution.

Court views:

  • It was argued in R. Balakrishna Pillai v. the State of Kerala (2000) that one of the judges hearing the appeal had previously participated as an advocate in a commission looking into allegations of misconduct against the same petitioner in another matter, but the petition for transfer was denied because the two matters were completely unrelated and because attorneys represent a variety of clients, but that does not imply that they will have any conflict of interest. Additionally, this would compromise judges independence and strictness.
  • In L.S. Raju v. State of Mysore (1952), the Supreme Court granted the petitioner's request to transfer the case to another HC because it was believed that he would not receive a fair trial because the HC was being presided over by the complainant. The petitioner had previously been found guilty of trying to kill the Chief Justice of the High Court.
  • All the cases were moved from Manipur to Delhi High Court in Central Bureau of Investigation vs. R. Hopeson Ningshen (2010) because of the intergroup strife between the Meities and the Nagas the potential for fighting and several fatalities. This was thought to be a good justification for the transfer.
  • In R.S. Sodhi Advocate v. State of U.P. and Ors. (1994), there were several significant and verifiable charges made against police personnel that they had killed multiple people during encounters. As a result, the investigation case was handed over to the CBI from the police.
  • Politics-related scandals, interventions, and whistleblower appearances are all on the rise right now. In these situations, justice must be safely administered, and even the courts have often ruled that this has been the primary justification for transferring the petitions. The mere perception of wrongdoing or danger is insufficient in such circumstances. It is necessary to provide or infer well-supported reasoning. A flimsy connection to a political party, judge, or any other former interaction frequently prompts people to ask for the transfer of petitions. However, the court has previously dismissed similar arguments. The court considers several factors before deciding whether or not to approve the transfer. As a result, it is impossible to establish clear-cut guidelines for this because each situation is unique and requires a different approach.

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