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Supreme Court of India 2020-11-25 dismissed

Jatinderveer Arora & Ors vs State of Punjab

Bench: 1 — Hrishikesh Roy

In Brief

Six criminal transfer petitions sought to shift trials of accused members of the Dera Sacha Sauda sect from Punjab courts to courts outside the state. The accused, facing charges related to alleged sacrilege of Shri Guru Granth Sahibji, argued that the communally charged atmosphere in Punjab and threats to their security rendered fair trial impossible. The Supreme Court held that general allegations of surcharged atmosphere and apprehensions are insufficient for trial transfer. Finding that petitioners continued normal life in Punjab, received consistent legal representation, and lodged no security complaints, the Court concluded no compelling circumstances warranted transfer. Trial transfer should only be ordered when fair justice is demonstrably imperilled, not for mere convenience or apprehension.

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Criminal Procedure Transfer of Trials Fair Trial Criminal Jurisdiction Constitutional Law Religious Sentiment Security and Justice

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