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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

This case involves petitions seeking transfer of criminal trials from Punjab courts (Bhatinda, Moga, Faridkot) to Delhi or a neighbouring state, concerning alleged sacrilege of Shri Guru Granth Sahibji. The accused claimed the communally charged atmosphere would prevent a fair trial. The Supreme Court held that transfer under Section 406 CrPC should be rare, based only on compelling factors showing fair trial is impossible. General allegations of surcharged atmosphere are insufficient; apprehensions must rest on credible material, not convenience. The Court found the accused were residing and conducting normal affairs without demonstrating genuine threats, no specific prejudice was established, legal representation continued, and the State committed security arrangements. The petitions were dismissed.

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Criminal Procedure Venue and Jurisdiction Fair Trial Transfer of Cases Communal Tension Public Order Judicial Administration

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