Language not a ground for case switch: Supreme Court
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Petitioner wished a case shifted from Tamil Nadu to Delhi.
The incapacity to know the language spoken in courtroom is not a ground to hunt switch of the case, the Supreme Court has held in a judgment.
“Convenience” of a individual concerned in a case had by no means been a criterion for transferring a case out of a State. Cases have been transferred to serve the ends of justice, Justice Aniruddha Bose stated.
The current judgment got here on an enchantment by Rajkumar Sabu, a service provider concerned in a trademark violation case, who wished to switch the trial proceedings from a courtroom in Salem in Tamil Nadu to New Delhi. He stated he did not perceive Tamil, in addition to the rival events have been influential in Salem. But the highest courtroom stated he did not place any proof to show he was handicapped if the trial continued in Tamil Nadu. “In my opinion, if a court hearing a case possesses the jurisdiction to proceed with the same, solely based on the fact that one of the parties to that case is unable to follow the language of that court would not warrant exercise of jurisdiction of the Supreme Court to transfer the case under Section 406 of the 1973 Code [of Criminal Procedure],” Justice Bose noticed. Justice Bose stated Mr. Sabu might take a translator’s assist. “Records reveal that aid of translator is available in the Salem court, which could overcome this difficulty,” the highest courtroom famous.
It stated Mr. Sabu’s plea for switch was primarily based totally on comfort. “But convenience of one of the parties cannot be a ground for allowing his application. Transfer of a criminal case under Section 406 of the 1973 Code can be directed when such transfer would be expedient for the ends of justice,” Justice Bose held.
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