RAJESH TALWAR versus C.B.I. & ORS.

RAJESH TALWAR versus C.B.I. & ORS.

Inconvenience of travel and personal security concerns cited by the petitioners are not substantiated enough to warrant transfer of proceedings under Section 406 CrPC; the security arrangements at the Ghaziabad court, as undertaken by the Sessions Judge, CBI, and State Administration, are adequate to ensure safety; speculative and vague allegations cannot form the basis of transfer; transfer petitions dismissed as no reasonable apprehension regarding fair trial is established.

Parties
Petitioner: Rajesh Talwar; Petitioner: Nupur Talwar; Respondent: C.B.I. & Ors.
Jurisdiction
India
Judgment Date
02 March 2012
Procedural Posture
Transfer Petition (criminal) / Disposal of Petition
Outcome
Petitions dismissed
Legal Topics
Transfer of Criminal Proceedings, Personal Security in Criminal Trials, Jurisdiction of Court to Conduct Prosecution
Criminal Law Criminal Procedure Transfer of Criminal Proceedings Personal Security in Criminal Trials Jurisdiction of Court to Conduct Prosecution

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Parties

Rajesh Talwar

Petitioner

Nupur Talwar

Petitioner

C.B.I. & Ors.

Respondent

Procedural Posture

Transfer Petition (criminal) / Disposal of Petition

Legal Issues

  1. 1 Whether inconvenience of travel and apprehension for personal security are valid grounds for transfer of criminal proceedings under Section 406 CrPC
  2. 2 Whether the security arrangements at the Ghaziabad court are sufficient to protect petitioners during trial

Ratio Decidendi

Inconvenience of travel and personal security concerns cited by the petitioners are not substantiated enough to warrant transfer of proceedings under Section 406 CrPC; the security arrangements at the Ghaziabad court, as undertaken by the Sessions Judge, CBI, and State Administration, are adequate to ensure safety; speculative and vague allegations cannot form the basis of transfer; transfer petitions dismissed as no reasonable apprehension regarding fair trial is established.

Court Disposition

Petitions dismissed

Orders

  • Order passed by Special Judicial Magistrate (CBI), Ghaziabad, U.P. on 25.1.2011 to restrict entry in courtroom except for parties and counsel to be enforced in letter and spirit; in case of breach, appropriate steps including coercive measures to be taken.
  • Petitioners cautioned from making irresponsible insinuations with reference to court proceedings.