VIKAS KUMAR ROORKEWAL versus STATE OF UTTARAKHAND AND ORS,

VIKAS KUMAR ROORKEWAL versus STATE OF UTTARAKHAND AND ORS,

Reasonable apprehension of failure of justice due to threats and intimidation of witnesses by accused/respondents was established; witnesses, including petitioner and family members, were unable to attend court at Haridwar; prosecuting agency and trial court failed to ensure protection and active judicial conduct; in the interest of justice and fair trial, transfer of the case from Haridwar to Delhi is warranted.

Parties
Petitioner: Vikas Kumar Roorkewal; Respondents: State of Uttarakhand and Ors.
Jurisdiction
India
Judgment Date
11 January 2011
Procedural Posture
Transfer Petition (criminal) / Disposition
Outcome
Transfer Petition allowed
Legal Topics
Transfer of Criminal Cases, Witness Protection, Fair Trial, Judicial Powers and Duties
Criminal Law Criminal Procedure Transfer of Criminal Cases Witness Protection Fair Trial Judicial Powers and Duties

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Parties

Vikas Kumar Roorkewal

Petitioner

State of Uttarakhand and Ors.

Respondents

Procedural Posture

Transfer Petition (criminal) / Disposition

Legal Issues

  1. 1 Whether reasonable apprehension of failure of justice due to threats to witnesses warrants transfer of trial to another jurisdiction
  2. 2 Whether court and prosecuting agency have failed to ensure protection of witnesses and fair trial

Ratio Decidendi

Reasonable apprehension of failure of justice due to threats and intimidation of witnesses by accused/respondents was established; witnesses, including petitioner and family members, were unable to attend court at Haridwar; prosecuting agency and trial court failed to ensure protection and active judicial conduct; in the interest of justice and fair trial, transfer of the case from Haridwar to Delhi is warranted.

Court Disposition

Transfer Petition allowed

Orders

  • The criminal case State Vs. Akash Tyagi & Others, ST No. 6 of 2007 pending in the Court of learned First Fast Track Court, Additional District Judge, Haridwar, Uttarakhand, is hereby transferred to a competent Court of jurisdiction at Delhi.
  • Investigating agency, prosecution agency, States of Delhi and Uttarakhand, and trial Judge are directed to take steps to protect witnesses and ensure early conclusion of trial without avoidable delay.