Power of Supreme Court to transfer cases and appeals
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Summary
Supreme Court can order transfer of any case or appeal between High Courts, or between criminal courts under different High Courts of equal or higher jurisdiction, when transfer is expedient for the ends of justice. Only the Attorney-General of India or a party interested can apply, by motion usually supported by affidavit; the affidavit rule does not apply when the applicant is the Attorney-General or the Advocate-General of the State. If an application is dismissed and was frivolous or vexatious, the Court may order the applicant to pay compensation to the opponent.
Example
Rohan is facing trial in a criminal court and fears local bias will deny a fair hearing. He or his lawyer files a motion in the Supreme Court, supported by an affidavit, asking that the case be transferred to a similar criminal court under another High Court. If the Supreme Court finds transfer expedient for justice, it may order the transfer.
Bare Act
Enacted text(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
(2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case.
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