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The Delhi High Court has overturned a transfer order of a case, emphasising the need for fairness and transparency in judicial proceedings. The case, related to the Bhushan Steel Money Laundering incident, had been transferred based on perceived bias.

 

Justice Swarana Kanta Sharma, in her ruling on Tuesday, highlighted that the decision to transfer the case was made without sufficient reason and without seeking comments from the concerned judge.

 

The Enforcement Directorate (ED) had challenged the transfer, leading to the High Court's intervention. Justice Sharma noted that a casual remark by a judge to court staff, which allegedly influenced the decision, should not be grounds for transferring a case.

 

The remark in question was reported to be "Who gets bail in ED case," which was interpreted as a bias by the judge handling the case. However, Justice Sharma clarified that such a comment does not indicate bias or an unfair advantage to the prosecution unless there is concrete evidence showing the judge's partiality.

 

In her detailed order, Justice Sharma stated, "This Court is of the opinion that there were no sufficient reasons to transfer the matter from the concerned learned Special Judge to another learned Judge, without calling for comments from the learned Trial Judge."

 

She emphasised that fairness in the judicial process must be maintained not only for the parties involved but also for the judicial fraternity and the community at large.

 

The High Court's decision remands the matter back to the Principal District and Sessions Judge of the Rouse Avenue court. The directive requires the judge to reconsider the transfer petition, ensuring that comments from the concerned Special Judge are obtained and considered. This approach is aimed at maintaining the integrity and impartiality of the judicial process.

 

Furthermore, Justice Sharma outlined guidelines for future transfer applications. Principal District and Sessions judges must now seek comments from the judge from whom the case is sought to be transferred on the grounds of bias.

 

Decisions on transfer applications should be made after considering these comments and the principles of real apprehension of bias. The High Court stressed that any allegations of bias must be substantiated by concrete evidence, and not based on isolated or casual remarks.

 

Justice Sharma's ruling seeks to establish a clear procedure for handling transfer requests, ensuring that decisions are made with full consideration of all relevant factors. The emphasis is on preventing any misuse of the transfer process and upholding the principles of justice and fairness.

 

The Bhushan Steel Money Laundering Case continues to be a significant legal matter, with this latest ruling underscoring the importance of judicial integrity.

 

The High Court's directives aim to ensure that similar cases in the future are handled with the utmost care and transparency, reinforcing the trust in the judicial system.