In Brief
The petitioners, members of the Dera Sacha Sauda sect, sought transfer of sacrilege-related criminal trials from Punjab courts to Delhi or another state, arguing the atmosphere was so communally surcharged that fair trial was impossible. The Supreme Court dismissed the petitions, holding that while general allegations of surcharged atmosphere exist, no compelling factors warranting trial transfer were established. The petitioners themselves lived and conducted affairs normally in Punjab, suggesting fears were not genuine. The court emphasized that transfer powers under Section 406 CrPC should be exercised sparingly and only when fair trial is genuinely impossible, not merely convenient for accused.
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