IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 15 of 2009()
1. NOUFAL, S/O.JAMALUDEEN, KOLAKKAL
... Petitioner
2. SHIJU, S/O.ALIYARU KUNJU,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SRI.ABDUL AZEEZ, ADVOCATE ZAM ZAM HOUSE,
3. SRI.SAMEER, ADVOCATE,
For Petitioner :SMT.P.S.PREETHA
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/02/2009
O R D E R
M.N. KRISHNAN, J.
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T.R.P.(CRL). NO. 15 OF 2009
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Dated this the 6th day of February, 2009.
O R D E R
This transfer petition is filed to transfer S.C.996/04
pending before the Additional District and Sessions Court,
Adhoc-1, Kollam to any other Court. The allegation is that
respondents 2 and 3 namely CWs.1 and 2 who are practising
lawyers at Kollam Courts have close acquaintance with
Courts of Kollam Sessions Division. It is averred that the 2nd
respondent was a former Public Prosecutor and he is having
high influence in the police department and prosecution and
he is having much clout with political parties. When
advocates are practising in Courts certainly the advocates
will have acquaintance with the Presiding Officer and vice
versa. Both advocates and judges are exercising the duties
cast on them and if cases are to be transferred on the
ground that a particular lawyer is practicing in a particular
Court and that he may have acquaintance with the Presiding
Officer, it will have the effect of striking at the root of the
T.R.P.(Crl) 15 OF 2009
-:2:-
judicial system and discipline which we are maintaining in
this State. After all CWs.2 and 3 are two witnesses in a
prosecution case. The witnesses can only depose what they
have stated when they were questioned and if they turn
hostile there are relevant provisions which allow the parties
to tackle that situation. The case is of the year 2004 and it
is coming up for trial on 11.2.2009. I do not find that
grounds alleged are sufficient to grant a transfer. There is
absolutely no pinch of materials to prove any bias or
influence and therefore the transfer petition is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-