The Real Apprehension in Transferring Cases I

Seeking transfer at the drop of a hat is inconceivable. An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has to be exercised cautiously and in exceptional situations, where it becomes necessary to do so to provide credibility to the trial. There has to be a real apprehension that there would be miscarriage of justice.”

Hon’ble Justice Dipak Misra, Usmangani Vahora v. State of Gujarat, [Criminal Appeal Nos. 1592-1593 of 2015].

A ‘real apprehension’ of miscarriage of justice is a further qualification to ‘reasonable apprehensions’ [Gurcharan Dass, AIR 1996 SC 1418] and ‘well-substantiated apprehensions’ [Nahar Singh, (2011) 1 SCC 307].

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