ASHOK MALHOTRA Vs. CBI

JUDGEMENT

(1.) This petition is filed under Section 407 read with Section 482 Cr.P.C. challenging the order dated 9th April, 2012 passed by the District & Sessions Judge, Delhi and also seeking transfer of the case from the Court of A.K. Mendiratta, Special Judge, P.C. Act (Central), Tis Hazari to another court of competent jurisdiction. The petitioner along with other persons is facing prosecution under different provisions of IPC and Prevention of Corruption Act. Applications were filed by the petitioner and other accused persons before the District & Sessions Judge seeking transfer of the cases from the Court of Sh. A.K. Mendiratta, Special Judge to some other court of competent jurisdiction. The said applications came to be dismissed by the common order dated 9th April, 2012 by the learned District & Sessions Judge. The petitioner has assailed the said order.

(2.) I have heard learned senior counsel for the petitioner and gone through the impugned order.

(3.) The main grievance of the petitioner is against the alleged conduct of the Special Judge. It is alleged that by his conduct in not accommodating the petitioner for pass-overs and also by not fairly treating him, the petitioner had developed an apprehension of distrust of fair trial and justice in the Special Judge. It is noted that in expressing his apprehension of distrust to fair trial and justice in the transfer application, which was made before the learned District & Sessions Judge, the petitioner had used highly derogatory language against the Special Judge. The District & Sessions Judge also in the impugned order had extracted some of the averments as set out in the transfer petition. Not only that unwarranted and uncalled for words were written in the transfer petition, but the petitioner had gone to the extent of saying that the Special Judge may not be granted any judicial work as he has lost all sense of judicial propriety, fairness etc.