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Supreme Court of India 2020-10-16 dismissed

Umesh Kumar Sharma vs State of Uttarakhand & Ors

Bench: 3 — Hrishikesh Roy

In Brief

The petitioner, an investigative journalist, sought transfer of three criminal cases from Dehradun courts to courts outside Uttarakhand, alleging vindictive prosecution by the state government for his journalism work. The Supreme Court dismissed the transfer petitions, holding that the power to transfer criminal trials must be exercised sparingly and only when there is credible, substantiated evidence that fair trial is impossible. The petitioner's apprehension was based on conjecture and administrative actions from 2018, not on demonstrable judicial bias. The Court noted that two of the three cases involved property disputes unrelated to journalism, one predating the current government, and that transferring cases would unfairly reflect on Uttarakhand's judiciary's credibility.

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Criminal Procedure Transfer of Cases Fair Trial Jurisdiction Investigative Journalism Malicious Prosecution

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