The Delhi High Court yesterday ordered the transfer of the 1984 anti-Sikh riots case from Karkardooma court to Patiala House..The Court said that it would be, “necessary and expedient to transfer the subject case in the interest of justice” and to ensure that the faith of citizens remains ‘intact‘ in courts of law..The order was passed by Siddharth Mridul J. following a transfer petition filed by the riot victims citing “improper recording of evidence” by the Karkardooma judge. Senior Advocates Colin Gonsalves and HS Phoolka appeared for the petitioners while DP Singh, Tarannum Cheema, Raj Kiran Vats and Hiral Gupta appeared for the CBI..The Petitioners had however, withdrawn these allegations and also stated that they wished for those comments to be ‘expunged‘. Noting this request the order states,.“The direction [of transfer] proposed to be issued is with a view to render the judicial officer immune from controversy and to protect his impeccable reputation…..….it is, therefore, reiterated that the present order is not a comment on the conduct of the judicial officer hearing the present case save and except to reaffirm the faith that the public reposes in that judicial officer.” .But perhaps the most significant aspect of this order deals with the video-recording of the proceedings at Patiala House Court. The order reads,.With the consent of the parties appearing before this court the District and Sessions Judge, Patiala House is requested to video-graph the entire proceedings in the subject trial to be conducted before it. Counsel appearing on behalf of the private respondents undertakes to cover the entire costs of the said video recording..This direction was issued at the joint request made by both parties for recording of hearing and is presumably intended to avoid any further allegations of improper recording of evidence. This is the third time that a High Court has given a nod for recording of judicial proceedings, with the Calcutta High Court setting a precedent in this regard..Read the complete order below.
The Delhi High Court yesterday ordered the transfer of the 1984 anti-Sikh riots case from Karkardooma court to Patiala House..The Court said that it would be, “necessary and expedient to transfer the subject case in the interest of justice” and to ensure that the faith of citizens remains ‘intact‘ in courts of law..The order was passed by Siddharth Mridul J. following a transfer petition filed by the riot victims citing “improper recording of evidence” by the Karkardooma judge. Senior Advocates Colin Gonsalves and HS Phoolka appeared for the petitioners while DP Singh, Tarannum Cheema, Raj Kiran Vats and Hiral Gupta appeared for the CBI..The Petitioners had however, withdrawn these allegations and also stated that they wished for those comments to be ‘expunged‘. Noting this request the order states,.“The direction [of transfer] proposed to be issued is with a view to render the judicial officer immune from controversy and to protect his impeccable reputation…..….it is, therefore, reiterated that the present order is not a comment on the conduct of the judicial officer hearing the present case save and except to reaffirm the faith that the public reposes in that judicial officer.” .But perhaps the most significant aspect of this order deals with the video-recording of the proceedings at Patiala House Court. The order reads,.With the consent of the parties appearing before this court the District and Sessions Judge, Patiala House is requested to video-graph the entire proceedings in the subject trial to be conducted before it. Counsel appearing on behalf of the private respondents undertakes to cover the entire costs of the said video recording..This direction was issued at the joint request made by both parties for recording of hearing and is presumably intended to avoid any further allegations of improper recording of evidence. This is the third time that a High Court has given a nod for recording of judicial proceedings, with the Calcutta High Court setting a precedent in this regard..Read the complete order below.
