HIMANSHU SINGH SABHARWAL Vs. STATE OF M P

JUDGEMENT

(1.) Transfer Petition (Crl.) No.175 of 2007 has been filed by one Himanshu Singh Sabharwal who is the son of late Prof. H.S. Sabharwal. The background facts as projected by the petitioner who is also the petitioner in Writ Petition (Crl.) No.173 of 2006 are as follows:

(2.) Mr. Soli J. Sorabjee, learned senior counsel appearing for the State of M.P. stated that in the larger interest of justice and transparency, the State has no objection in case the Sessions case is transferred to some other State. But according to him this should not be construed to be acceptance of the allegations made by the petitioner about the impartiality of the investigating agency or the public prosecutor or the manner of trial. According to him, if any person is guilty he has to be punished and State never had or has any intention to protect any guilty person. Similar stand was also adopted by Mr. U.R. Lalit, learned senior counsel appearing for the accused respondents. To show their bona fides, it was stated that even the police officials PWs 32, 33 and 34 may be recalled for cross examination even without any application in terms of Section 311 of the Code of Criminal Procedure, 1973 (in short the 'Code') being filed.

(3.) Right from the inception of the judicial system it has been accepted that discovery, vindication and establishment of truth are the main purposes underlying existence of Courts of justice. The operating principles for a fair trial permeate the common law in both civil and criminal contexts. Application of these principles involves a delicate judicial balancing of competing interests in a criminal trial, the interests of the accused and the public and to a great extent that of the victim have to be weighed not losing sight of the public interest involved in the prosecution of persons who commit offences.