Court Hearings Frequently Disturbed By Unruly Crowds: Punjab & Haryana High Court Transfers Behbal Kalan Firing Case From Faridkot To Chandigarh

The Punjab & Haryana High Court has directed the transfer of the trial in the 2015 Behbal Kalan firing case from Faridkot to Chandigarh. The case was registered in Punjab's Faridkot district in 2015, a week after two protesters were killed in alleged police firing at Behbal Kalan while protesting against the alleged sacrilege of Sri Guru Granth Sahib by Dera Sacha Sauda Sirsa followers.The plea for transferring the trial was filed by the then SSP Charanjit Singh, who was arrested in the case.Justice Sandeep Moudgil said, "It is becoming a frequent phenomenon in our country that court proceedings are being disturbed by rude hoodlums and unruly crowds, jostling, jeering or cheering and disrupting the judicial hearing with menaces, noises and worse. This tendency of toughs and street roughs to violate the serenity of court is obstructive of the course of justice and must surely be stamped out."The Court said that it must ensure propitious conditions which conduce to comparative tranquillity at the trial. "Turbulent conditions putting the accused's life in danger or creating chaos inside the court hall may jettison public justice. If this vice is peculiar to a particular place and is persistent, the transfer of the case from that place may become necessary," it added.These observations came in response to the plea filed by the accused who was then SSP, Charanjit Singh Sharma under Section 407 CrPC for transfer of case FIR lodged under Sections 302, 307, 34, 201, 218, 120-B IPC and Sections 25 & 27 of Arms Act, 1959 registered at Police Station Bajakhana, District Faridkot.The counsel for the petitioner argued that on each and every date of hearing since the presentation of challan in court in 2019, a surcharged atmosphere is created by supporters consisting of radical organizations reached the court complex at Faridkot in tractor-trolleys and other modes of transport raising slogans in support of the family of the deceased who are sponsored by vested interest trying to take political/religious mileage.He submitted that the security personnel employed in the Court Complex are mute spectators to the scene created by radical elements and the newspapers as well as media have been reporting the proceedings of this case extensively after each date of hearing and as such it has become difficult for the petitioner to appear in court without fear.After hearing the submissions, the Court said that, "a free and fair trial is an important facet of Article 21 of the Constitution even as it forms the foundation of criminal jurisprudence. Fairness of a trial can only be ensured if the process from investigation to conviction is not tainted with bias for or against the accused or the victim.""The nature of the criminal justice system in Bharat is such that the involvement of executive in the investigation and prosecution process paves the way for bias in the trial proceedings leaving a vacuum for tampering of evidence and witnesses being intimidated and put in danger are extremely high," added the Court.Justice Moudgil said that a more serious ground which disturbs the Court in more ways than one is the alleged "absence of congenial atmosphere for a fair and impartial trial."Likewise, the safety of the person of an accused or complainant is an essential condition for participation in a trial and where that is put in peril by commotion, tumult or threat on account of pathological conditions prevalent in a particular venue, the request for a transfer may not be dismissed summarily, added the judge.The Court also clarified that It is no doubt pertinent to mention that the transfer process itself can cause a lot of inconvenience to witnesses, victims, accused and the state."All of them would on transfer have to travel to the place where the transfer is ordered when required, costing time and money for all the interested parties. Since the interest of both the victim and the accused can be in jeopardy in an unfair trial a question arises as to who can claim transfer under this section," it said. Referring to Section 407 CrPC, the Court said, "It thus emerges out that whenever it is made to appear to the High Court that a fair and impartial inquiry or trial cannot be held in any criminal court subordinate thereto, or that some question of law of unusual difficulty is likely to arise; or that an order under this section is required by any provision of CrPC, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order that any particular case, or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction."Plea For Transfer Cannot Be Filed Directly In High CourtThe Court said that unless an application for such transfer has been made to the Sessions Judge and rejected by him, no application shall lie to the High Court for transferring a case from one Criminal Court ...

Court Hearings Frequently Disturbed By Unruly Crowds: Punjab & Haryana High Court Transfers Behbal Kalan Firing Case From Faridkot To Chandigarh

Aiman J. Chishti

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