The Supreme Court today, while hearing a transfer petition before a CJI-led bench, refused to shift an ongoing criminal trial from the court of the presiding Sessions Judge, despite allegations that adverse remarks in earlier proceedings had created apprehension of bias. Senior Advocate Sidharth Luthra argued that the trial judge had cast serious aspersions on the defence counsel and that his conviction in a separate case was influencing the conduct of three other pending trials.

The Bench, however, held that observations made in previous judgments or orders cannot form the basis for presuming prejudice, emphasising that each trial must be decided solely on the evidence recorded independently in that case. The Court clarified that the judge’s findings in an earlier conviction now under appeal cannot be used to draw any inference against the accused in the present matter.

The Court further noted that all grievances relating to remarks made by the trial court may be raised before the High Court in the pending appeal. The Bench also declined to interfere with administrative aspects of case-listing but allowed the petitioner to place the present order before the appropriate bench hearing the connected matter tomorrow.

Appearances:

Petitioner – Sidharth Luthra, Sr. Adv.; Siddhartha Dave, Sr. Adv.; Balaji Srinivasan, AOR; Kanishka Singh, Adv.