(Dipak Misra and Prafulla C. Pant, JJ.)
Mohammed Nisham A.A. ____________ Petitioner(s)
v.
State of Kerala ______________________ Respondent(s)
Transfer Petition (Crl.) No. 481 of 2015, decided on November 23, 2015
The Order of the court was delivered by
Order
1. By this petition, the petitioner has prayed for Transfer of Sessions Case No. 300 of 2015 arising out of FIR No. 173 lodged in P.S. Thrissur Rural P.S. Peramangalam (Kerala), pending in the Court of Additional Sessions Judge, Court No. 1, Thrissur (Kerala) to any other competent Court in the adjoining State.
2. We have heard Mr. Harshvir Pratap Sharma, learned counsel for the petitioner and Mr. Kapil Sibal, learned senior counsel and Mr. Ramesh Babu, learned counsel for the respondent-State of Kerala.
3. Having heard learned counsel for the parties, it is directed that at the time of recording of the statement under Section 313 of the Code of Criminal Procedure, full protection shall be provided to the petitioner, who is in custody. If the accused-petitioner intends to examine any witness, the said witness or witnesses shall be provided the police protection and it will be the obligation of the Senior Superintendent of Police of the District to see that they are brought from their residence to the Court and safely sent back home so that they feel protected.
4. That apart, if any evidence of an expert is required to be recorded, it will be the obligation of the Director General of Police of the State to see that the expert witness, as per the direction of the Court, be given full police protection so that there will be no reason for seeking adjournment. We say so as no one can violate the order of the Court.
5. There can be no trace of doubt that the Director General of Police as well as the Senior Superintendent of Police of the State shall take steps and are directed to ensure not to pave the path of any kind of deviency. We say so in the interest of fair trial which is a facet of Article 21 of the Constitution.
6. Needless to say that in case of the defence chooses to examine the witnesses, a list of the same be provided to the Public Prosecutor so that he can accordingly intimate the competent authority.
7. It will be an obligation of the learned trial Judge to see that the trial is conducted in a congenial atmosphere and no one should be allowed to disturb the proceedings of the Court.
8. The transfer petition is accordingly disposed of.
———
