2019 (8) TMI 197 - HC - Money Laundering

Suo Motu Transfer Petition - Transfer of case - sufficient reason provided or not - HELD THAT - The reason given by the Special Judge is that Ms Gita Bista, Advocate, who had earlier been conducting the case on behalf of the accused nos. 1 and 2, is presently attached to the chambers of Shri N.B. Khatiwada, Senior Advocate, who happens to be his father. Hence, it would not be appropriate on his part to proceed with the matter. In my view, the reason given by the learned Special Judge does not appear to be correct. The fact that Ms Gita Bista is a chamber junior to his father is not a sufficient ground for transfer of the case. Further, no allegation has been made by anyone against the Special Judge. It is also not a case where any of the party has prayed for transfer of the case - request for transfer rejected. Suo Motu Transfer Petition

Summary

Issues:
1. Transfer of case based on relationship between counsel and judge.

Analysis:
The judgment revolves around the issue of whether a case should be transferred due to the relationship between the counsel and the judge. The Special Judge expressed difficulties in proceeding with a case due to the fact that the counsel, Ms. Gita Bista, was attached to the chambers of the Senior Advocate, who happened to be the judge's father. The judge referred to a Transfer Petition which outlined grounds for transferring cases between courts. The judge in the Transfer Petition had emphasized that a judge should hear every matter without bias and should recuse only when there is a direct conflict of interest involving family members or close relatives. The High Court analyzed the situation and concluded that the relationship between the counsel and the judge's father was not a sufficient ground for transferring the case. There were no allegations against the Special Judge, and none of the parties had requested the transfer. Therefore, the High Court rejected the request for transferring the case and ordered the copy of the decision to be sent to the Special Judge promptly, thereby disposing of the Transfer Petition.

This judgment highlights the importance of impartiality and the duty of a judge to hear cases without fear or favor. It emphasizes that mere professional relationships between counsel and judges, such as being chamber juniors, are not adequate grounds for transferring a case. The decision underscores the principle that a judge should only recuse when there is a direct conflict of interest or bias, involving family members, close relatives, or prior involvement in the case. The judgment provides clarity on the circumstances under which a case can be transferred and sets a precedent for maintaining the integrity and impartiality of the judicial process.