If the accused has reasonable reasons to think that he or she will not get a fair trial at the hands of a specific judge, the accused has the right to have his or her case moved to another court. This idea is universally accepted and seen as uncontroversial. The petitioner must demonstrate factors that cause him or her to be concerned about the unjust trial.
When the transfer benefits both the parties and the witnesses
To guarantee a fair trial, each stage is critical, which is why the witnesses and parties must be present throughout the trial. If a grounds for transfer of divorce petition filed with the court is for the advantage and convenience of the parties and witnesses, the court may consider it.
When doing so is required for the sake of justice
It is critical for the courts to facilitate justice for the individual who is seeking justice. So, if it seems to the court that it is in the best interests of justice to transfer the matter from one court to another, the court grants the party’s transfer petition.
Important points to mention in the petition
Transfer reasons
In a transfer petition, the party seeking to move his case from one court to another must describe the reasons for the transfer. The grounds for transfer must be indicated in the petition because there must be a legitimate basis for the transfer and the court must be satisfied with the reason given in the petition. The party submitting the petition must provide a basis for the necessity for transfer. The arguments presented in the petition must seem to the court to be reasonable and of such a kind that failing to grant the petition would result in a failure of justice. As a result, in order for the matter to be moved, the party submitting the petition must be informed that the reasons for the transfer are solid enough for the court to allow it.
Notice
Notice is very crucial when filing a transfer petition. The party submitting a transfer petition shall notify the other party or, in the case of the public prosecutor, about the same. It is critical in both codes to notify the other party.
Affidavit
The application for transfer must be accompanied by an affidavit detailing the reasons for the move. Every application for an order under sub-section (1) of section 407 must be made in motion, unless the applicant is the advocate-general of the state, and must be supported by an affidavit or affirmation.
Conclusion
The transfer of cases from one court to another is a vital and crucial provision incorporated in Indian law. The party requesting the transfer must only utilize this excellent provision for the sake of justice and must demonstrate strong, solid, and reasonable reasons for doing so. The courts, on the other hand, should employ their jurisdiction to transfer cases from one court to another with great care, prudence, and in the interest of justice. It is the court’s responsibility to provide a fair trial and to administer justice. If the court has to transfer the case for the sake of justice, it should do so without hesitation.
