SC: No Case can be Transferred to other State merely because the Accused person is 'influential'

May,13,2016:

A case cannot be transferred from one State to another merely because the accused person is believed to be “influential”, says Apex Court

The Apex Court bench led by Chief Justice of India T.S. Thakur has after hearing a petition filed by a woman, accusing her naval-officer husband and five other officers of sexually abusing her in Kochi has given this finding.

SC expounded that "The court would use its power to transfer a case from one State to another only if there is a reasonable apprehension on the part of a party to a case that justice will not be done”.

She had approached the Supreme Court seeking a transfer of the case from Kerala to Delhi, alleging that the “the atmosphere in Kerala is not conducive for the case to progress and reach its judicious end” and that the accused are influential.

She blamed the Kerala Police for a “lackadaisical approach” and asked the Apex Court to order a CBI investigation.

Rejecting her demand, the judgment, authored by Justice Banumathi, observed that “mere apprehension that the accused are influential may not be sufficient to transfer the case”.

Apex Court, however, asked the Kerala State Legal Services Authority to appoint a senior lawyer to represent thewoman in the Kerala High Court, where some petitions connected to the case are pending.