Transfer Petition: Transfer of the case sought from the Court of Additional Sessions Judge, Jhajjar to the Competent Court in New Delhi – Jat Community agitation in the State of Haryana seeking reservation led to the act of vandalization and arson which allegedly caused huge irreparable damage to the petitioners by setting their houses, godowns and their every belonging on fire – Complete breakdown of the law and order resulting in gross damage – Prosecuting team not acting in a fair and fearless manner – Petitioners who are witnesses have been under threats by the other-side – Held: Due to the passage of time and the fact that nearly 42 witnesses have already been examined, the case is not to be transferred – Special Public Prosecutor has been appointed only recently and not being unmindful also of his credentials which have been brought to the notice, at this stage another person cannot be appointed in his place – In view thereof, the petition disposed of, holding that it would be open to the petitioners to approach the Director of Prosecution in case they believe that even the Special Public Prosecutor appointed is not discharging his duties in a fair and impartial manner – Director (Prosecution) to look into the matter and take appropriate steps – As far as protection to the witness is concerned, it would be open to the petitioners to move the presidi ng Judge or Special Public Prosecutor or the Superintendent of Police of the concerned District seeking protection.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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