Power of Supreme Court to transfer cases and appeals
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Summary
The Supreme Court may transfer any case or appeal between High Courts or between subordinate criminal courts of equal or superior jurisdiction when a transfer is needed for the ends of justice. It will act only on a motion by the Attorney-General of India or by a person with an interest, and such motions (except by the Attorney-General or a State Advocate-General) must be supported by affidavit. If a dismissed application is found frivolous or vexatious, the Court may order the applicant to pay up to Rs 1,000 to the person who opposed it.
Example
Ravi is facing trial in a subordinate criminal court where local pressure may bias the proceedings. The Attorney-General of India moves the Supreme Court to transfer the case to a similar court under another High Court. The Supreme Court orders the transfer so Ravi gets a fair trial.
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 partly 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 not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.
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