Transfer petition of cases
Transfer petitions can be filed either before the High Court or the Supreme Court, depending on whether the case is within a state or interstate. These petitions are governed by Section 25 of the Code of Civil Procedure. The primary consideration for transfer is the requirement for justice. The Supreme Court has the power to transfer cases, appeals, or proceedings between High Courts based on expediency and the ends of justice. As per Section 406 of the Code of Criminal Procedure, the Supreme Court is empowered to transfer criminal cases from one court to another.
Transfer petitions can be filed in various types of cases, including matrimonial, civil, or criminal cases, with the aim of ensuring justice for the parties involved. The convenience of the parties alone is not sufficient; it must be shown that conducting the trial in the chosen forum would result in a denial of justice. A transfer can also be sought on grounds, such as prejudice in a particular jurisdiction, threats to life, or a lack of support for single women. However, the court considers the overall requirement of justice before granting a transfer.
The Supreme Court has the power to transfer cases suo motu if it deems it necessary for the interests of justice.
The assurance of a fair trial is of utmost importance in the administration of justice. The court’s decision to grant a transfer is based on substantial and compelling reasons that go beyond the convenience of the parties involved. Each transfer petition is evaluated on a case-by-case basis, considering the unique circumstances and the larger interests of society.