Case should not be transferred from a judge on grounds of bias without hearing the judge: Delhi H…

Case should not be transferred from a judge on grounds of bias without hearing the judge: Delhi High Court.

The High Court ordered all the Principal District Judges to mandatorily invite comments from the concerned judge whenever transfer of a case is sought on allegations of bias.

The Delhi High Court on Tuesday issued a set of directions to be followed by Principal District and Sessions Judges while dealing with transfer applications filed before them [Directorate of Enforcement v Ajay S Mittal].

Justice Swarana Kanta Sharma ordered that all the Principal District and Sessions judges should ensure that no case is transferred from a judge on allegations of bias unless the concerned judge’s comments are mandatorily invited and considered.

The following direction were issued in this regard:

- The comments of the concerned judge from whom the case is sought to be transferred on ground of bias will be called mandatorily;

- The application will be decided after considering the said comments and in light of principles of real apprehension of bias;

- The other principles regarding the attending circumstances being considered will also be taken into consideration at the time of deciding such applications.