P J ALEXANDER Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) IN this petition filed under S.407 Cr. P. C. the petitioner who is the accused in C.C. 4/95 on the file of the Special Court (SPE/CBI)-I, Ernakulam, seeks a transfer of the above case from the said Court to the other Court dealing with the C.B.I, cases at Ernakulam, for an adjudication of the question of discharge in a fair, unbiased and transparent manner. The Central Bureau of Investigation (C.B.I) and the State of Kerala are the respondents to this petition. The matter was argued in detail before me.

(2.) PETITIONER 's Contentions In the words of the petitioner himself, when his petition for discharge was argued before the Special Judge on 7-3-2005, what transpired was the following: The Special Judge remarked:

(3.) THE above observations by the Special Judge, according to the petitioner, indicate that even before the hearing, the learned Judge had prejudged the whole issue and was determined to frame charges whatever be the arguments. The petitioner alleges that the above observations have engendered an apprehension in the mind of the petitioner that he will not get justice from the biased Judge who has made no secret of his prejudice against the petitioner. Buttressing his contentions Adv. Sri K. Ramakumar intelligently placed reliance on the following passages: