LawforAll

Showing posts with label transfer petition. Show all posts
Showing posts with label transfer petition. Show all posts
Saturday, March 3, 2012

we find no merit in the Transfer Petitions separately filed by Dr. Rajesh Talwar and Dr. Mrs. Nupur Talwar. It is not possible in the facts and circumstances of this case for us to conclude, that the petitioners will be deprived of a free and fair trial at Ghaziabad. We are also satisfied that there is no well-substantiated apprehension, that justice will not be dispensed to the petitioners impartially, objectively and without any bias. It is also not possible for us to accept that the physical assault on Dr. Rajesh Talwar on 25.1.2011 at the hands of a psychopath can be a valid basis for transfer of the present proceedings from Ghaziabad to Delhi/New Delhi. In view of the measures adopted by the Sessions Judge, the CBI and the State Administration towards security arrangements in the court-premises generally, and also, the special arrangements which the respondents have undertaken to make, with particular reference to the petitioners, we are satisfied that justice will be dispensed to the petitioners in an atmosphere shorn of any fear or favour. We have extracted the order passed by the Special Judicial Magistrate (CBI), Ghaziabad, U.P. dated 25.1.2011 in paragraph 16 hereinabove. We wish to reiterate, that the order dated 25.1.2011 shall be enforced in letter and in spirit. In case of breach thereof we would expect the Special Judicial Magistrate (CBI), Ghaziabad, U.P. to take

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