Refusal by local lawyers to oppose fellow advocates undermines right to fair trial: HC orders transfer of case

The directions travel connected a petition seeking the trial’s transportation successful a lawsuit alleging forged Will stemming from an FIR registered successful September 2018

Justice Harpreet Singh Brar’s Bench added specified circumstances mightiness represent a valid crushed for the trial’s transportation from 1 tribunal to another. Tribune file

The Punjab and Haryana High Court has made it wide that a litigant’s cardinal close to just proceedings is eroded erstwhile section advocates garbage to supply effectual ineligible assistance owed to undue power oregon hostile situation particularly successful cases wherever the accused is simply a chap lawyers practicing successful the aforesaid court. Justice Harpreet Singh Brar’s Bench added specified circumstances mightiness represent a valid crushed for the trial’s transportation from 1 tribunal to another.

“It is trite instrumentality that the inability to prosecute a ineligible counsel owing to reluctance caused by section factors whitethorn represent a valid crushed for transportation of proceedings nether Section 407 of the CrPC present Section 447 of Bharatiya Nagarik Suraksha Sanhita (BNSS),” Justice Brar observed.

In his elaborate order, Justice Brar added a hostile oregon inhibiting environment—where ineligible practice becomes practically inaccessible—struck astatine the halfway of escaped and just trial, warranting judicial intervention.

“The inability of a litigant to unafraid effectual ineligible assistance owed to reluctance caused by undue power oregon instauration of a hostile situation by the other party, particularly wherever the accused is an advocator practicing successful the aforesaid Court, compromises the foundational principles of just trial,” Justice Brar observed, portion ordering the transportation of a proceedings from Amritsar territory to Hoshiarpur.

Justice Brar besides referred to the Supreme Court’s determination successful the lawsuit of “Zahira Habibullah Sheikh versus the State of Gujarat” to asseverate that meaningful entree to justness included the instauration of a neutral atmosphere, wherever parties could enactment freely with competent ineligible aid.

The directions came connected a petition seeking the trial’s transportation successful a lawsuit alleging forged Will stemming from an FIR registered successful September 2018 for cheating, forgery and different offences pending earlier Ajnala Sub-Divisional Judicial Magistrate to Tarn Taran oregon immoderate different spot extracurricular Amritsar district.

The Bench was told that the respondents included advocates practicing successful the aforesaid territory wherever the FIR was pending. “For this reason, nary advocator from the said territory is consenting to correspond the petitioner, which has caused large prejudice and inconvenience to him,” it was added.

Before parting, Justice Brar ordered the trial’s transportation pending earlier Ajnala Sub-Divisional Judicial Magistrate, and an exertion for cancellation of bail pending earlier Amritsar Additional Sessions Judge, to the jurisdiction of Hoshiarpur Sessions Judge.