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Issues Involved:
1. Transfer of trial from Ghaziabad to Delhi. 2. Locus standi of CBI to request transfer. 3. Fair trial and public confidence in the judiciary. Summary: 1. Transfer of Trial from Ghaziabad to Delhi: The primary issue raised by the CBI was whether the trial arising out of the chargesheet in the Ghaziabad P.F. Scam should be transferred from the Court of Special Judge, CBI at Ghaziabad to a court of competent jurisdiction in Delhi. The CBI argued that the transfer was necessary due to the involvement of former District Judges and other judicial officers as accused, which could lead to a reasonable apprehension of bias. The Court, however, found no substantial evidence to support the claim that the trial at Ghaziabad would be biased or unfair. The Court emphasized that a fair trial is essential and must be free from bias, but mere allegations without concrete evidence are insufficient to warrant a transfer. The Court rejected the CBI's request for transfer, directing the Trial Court to proceed expeditiously. 2. Locus Standi of CBI to Request Transfer: The CBI's capacity to move an application for transfer of trial was challenged by some accused, arguing that u/s 406(2) of the Cr.P.C., only an interested party could do so, and the CBI, being the investigating agency, did not qualify. The Court referred to Section 6 of the DSPE Act, which allows the CBI to exercise the same powers as the State police once a State Government issues a notification transferring the investigation. The Court concluded that the CBI, as the prosecuting agency, is an interested party and thus entitled to move an application for transfer u/s 406(2) of the Cr.P.C. The preliminary objection was rejected. 3. Fair Trial and Public Confidence in the Judiciary: The Court reiterated that a fair trial is a fundamental right u/s Article 21 of the Constitution, which mandates that no person shall be deprived of life or personal liberty except according to the procedure established by law. The Court highlighted that a criminal trial must be unbiased and without prejudice, ensuring public confidence in the judicial system. The Court cited various precedents emphasizing that the power to transfer a trial should be exercised sparingly and only when there is a well-substantiated apprehension of bias. The Court found no credible material to support the CBI's apprehension of bias in the Ghaziabad trial and rejected the transfer request, stressing that such allegations without substantial evidence undermine the credibility and independence of the judiciary. Conclusion: The Supreme Court declined the CBI's request to transfer the trial from Ghaziabad to Delhi, directing the Trial Court to proceed with the case expeditiously. The Court emphasized the importance of a fair trial and public confidence in the judiciary, rejecting the grounds for transfer as unsubstantiated.
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