JATINDERVEER ARORA AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These petitions are filed under Section 406 of the Code of Criminal Procedure, 1973 (for short "the CrPC") read with Order XXXIX of the Supreme Court Rules seeking transfer of Trial of criminal cases pending before the Courts at Bhatinda, Moga and Faridkot districts to competent Court in Delhi or to any nearby State, out of Punjab.

(2.) Mr. Ranjit Kumar, the learned Senior Counsel for the petitioners submits that as the matters relate to alleged sacrilege of the holy book, Shri Guru Granth Sahibji in different places in Punjab, deep anguish and bitterness is generated amongst a particular religious group, who form majority of the population in the State of Punjab and therefore the accused who are members of the Dera Sacha Sauda sect, are facing bias and prejudice and are unlikely to get a fair trial in the face of strong presumption of culpability.

(3.) Representing the State of Punjab, Mr. Harin P Raval, learned Senior Counsel on the other hand argues that no case for transfer is made out by the petitioners. The Senior Counsel submits that althoughpetitioners speak of surcharged atmosphere and threat to their life in Punjab, after getting bail, they continue to reside and conduct their affairs in their respective place without any threat or hindrance. The State Counsel then submits that petitioners have not suffered any prejudice in conducting their defence as the same two lead counsels continue to represent them since beginning. That apart, no specific instance, of denial of medical or transportation service or legal assistance is brought to the Court's notice, notwithstanding the so called public appeal made by few people.