i. A case should not be transferred from the Court of competent jurisdiction unless the allegations are supported by strong reasons or convincing evidence.
ii. If such applications are allowed, it would impliedly mean that the allegations against a Judge have been deemed to be correct and this situation will certainly lower the image, dignity and honour of judiciary in the eyes of public at large.
iii. Transfer of a case is to be allowed only in exceptional circumstances where the grounds urged are based on strong reasons and evidence. If this practice is not followed strictly, the parties are likely to take undue advantage by filing applications for transfer of their cases on flimsy, frivolous and baseless grounds.
iv. While considering a transfer application, it must be kept in mind that the parties should not be allowed to pick and choose the Court of their own choice or liking.
v. Interference in the working of the trial Courts, on fallacious grounds would give rise to a sense of insecurity amongst the Judicial Officers and in such eventuality the Judicial Officers may not be able to work with required vigor.
vi. Vague and general allegations cannot be made the ground of transfer. vii. The Judges should equally be protected from frivolous transfer applications in order to achieve transparent even handed justice so that one of the litigants should not be in a position to overpower the Judge which might ultimately result in tilting scale of justice under fear and malignity.
viii. Suspicion or artificial and baseless apprehensions are not sufficient to seek transfer of case. Any bald statement containing allegation is not sufficient to allow the transfer.
Criminal Miscellaneous No.49079-T of 2021
Abdul Razzaq Versus The State & another
06-08-2021
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