Court Upholds Judicial Conduct, Finds No Bias in Proceedings Against Karun Dahariya
In a significant ruling, the Chhattisgarh High Court has dismissed a transfer petition filed by Karun Dahariya, the primary accused in a high-profile criminal trial under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioner sought to move the trial from the District & Sessions Court in Ramanujganj, citing alleged bias and procedural irregularities by the presiding judge.
Justice Ramesh Sinha, Chief Justice of the Chhattisgarh High Court, presided over the case and concluded that the petitioner's claims of bias were unsubstantiated and lacked the requisite evidence to warrant a transfer. The court emphasized that the power to transfer a criminal trial is an extraordinary measure, reserved for situations where there is a genuine and reasonable apprehension of failure of justice. Mere conjectures and unsubstantiated allegations do not suffice.
The case revolves around the alleged involvement of Dahariya and others in an incident of assault that resulted in the death of Ram @ Ramnaresh, allegedly linked to disputes over illegal bauxite mining. Dahariya's defense argued that the trial was being conducted with undue haste, crucial evidence was withheld, and the presiding officer had shown apparent prejudice through remarks and procedural decisions.
However, the High Court found no judicial orders indicating bias or prejudice by the trial judge. The court noted that all judicial actions, including decisions regarding witness protection and procedural conduct, were within the bounds of law and aimed at ensuring a fair trial. The presiding officer's comments, which allegedly showed no objection to transferring the case, were deemed insufficient to merit such a decision.
The court's ruling underscores the importance of maintaining the independence of the judiciary and discourages forum shopping based on unsubstantiated claims. The decision is a reaffirmation of the judiciary's commitment to impartiality and fairness, with the High Court expressing hope that the trial court will continue to uphold these principles.
Bottom line:-
Transfer of criminal trial under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023 can only be ordered where there exists a real, reasonable, and bona fide apprehension of failure of justice. Mere subjective perceptions or unsubstantiated allegations against the Presiding Officer do not suffice.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 447, Bharatiya Nyaya Sanhita, 2023 Sections 103(1), 115(2), 3(5), 109(1), 296, 238, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(2)(V), 3(1), 3(1)(H)
Karun Dahariya v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2949945
