SUKH RAM Vs. CBI

JUDGEMENT

(1.) Instant petition seeks transfer of case No.RC4(A)/96ACU-IV under Section 13 (2) read with Section 13(1) (E) of Prevention of Corruption Act, 1988 from the Court of a particular Special Judge.

(2.) Stating his advanced age and poor state of health, the petitioner, an accused facing trial, made an application for early disposal of case against him. Such application was however, declined by the learned Special Judge by an order dated 19th September, 2006 noticing that many older cases were pending before him and in the circumstances, no priority could be accorded to the petitioner's case. Aggrieved by such an order of the learned Special Judge, the petitioner approached this Court by way of a Crl. Misc. Case No.6984/2006 which was disposed of vide orders dated 1st November, 2006 and 13th November, 2006 with the following direction :

(3.) According to the petitioner, inspite of direction to the said effect the learned Special Judge failed to expedite the trial. He, therefore, made an application before the learned Sessions Judge, Delhi for transfer of his case to some other court of a Special Judge. His transfer application was however, eventually dismissed by the learned Sessions Judge, Delhi by an order dated 6th March, 2007. It is alleged that the dismissal of his transfer application by the learned Sessions Judge, Delhi made the learned Special Judge more prejudiced which became evident in the course of subsequent hearings of the case. The petitioner recounts certain instances in the petition in support of his plea that the learned Special Judge concerned is acting with a pre- determined and biased mind thereby causing reasonable apprehension that he is not going to have a fair and impartial trial in his Court.