Rajasthan High Court Orders Transfer of Cases to Ensure Fair Trial Amidst Local Bar Hostility

In a significant move, the court ruled that the inability to secure legal representation due to local hostility constitutes a valid ground for transfer under the Bharatiya Nagarik Suraksha Sanhita, 2023.

In a landmark judgment, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, ordered the transfer of two cases involving Manoj Kumar Meena and Smt. Preeti Meena from Sawai Madhopur to Jaipur. The decision came after it was found that the petitioner, Manoj Kumar Meena, faced considerable challenges in securing effective legal representation due to local hostility influenced by the complainant, who is a practicing lawyer at the trial court.

The court recognized that the reluctance of local lawyers to represent the petitioner, resulting from the influence wielded by the complainant and the local Bar Association, fundamentally compromised the petitioner's right to a fair trial. Justice Dhand emphasized the importance of creating a neutral atmosphere for fair trials, highlighting that the inability to engage counsel under hostile local conditions is a valid reason for transferring cases as per Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, formerly Section 407 of the Criminal Procedure Code.

The judgment underscored the constitutional mandate under Articles 21 and 22, which guarantees the right to legal assistance and fair trial, asserting that the court must ensure effective legal representation for the accused, even if it necessitates appointing competent defense counsel at the State's expense. The court condemned the misuse of influence by the complainant-lawyer and the local Bar Association, reiterating the ethical standards expected of the legal profession.

Justice Dhand ordered the transfer of the criminal case against Manoj Kumar Meena and the family court case filed by Smt. Preeti Meena from Sawai Madhopur to the Chief Judicial Magistrate, Jaipur Metropolitan-I, and Family Court No.1, Jaipur Metropolitan, respectively. The decision was aimed at safeguarding the petitioner's right to a fair trial in a neutral environment where effective legal assistance could be availed.

Furthermore, the court directed Manoj Kumar Meena to comply with the interim maintenance order passed by the Family Court on June 30, 2025, and clear any arrears within three months, ensuring that the transfer of cases does not absolve him from his financial responsibilities.

This judgment serves as a crucial reminder of the judiciary's role in upholding the principles of justice and ensuring that every litigant receives a fair and impartial hearing, free from undue influence and hostility.

Bottom Line:

Transfer of criminal and family court cases due to inability of accused to secure effective legal representation caused by local hostility influenced by complainant.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 447, Constitution of India, 1950 Articles 21 and 22.

Manoj Kumar Meena v. Smt. Preeti Meena, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2806075