A Delhi court docket on Friday dismissed a petition filed by former Bihar Chief Minister Rabri Devi looking for switch of a number of felony instances lodged towards her and her relations, together with her husband Lalu Yadav and son Tejaswi Yadav, from the court docket of Particular Choose Vishal Gogne of Rouse Avenue courts.
The order was handed by Principal District and Classes Choose Dinesh Bhatt of the Rouse Avenue Courts.
Earlier on December 16, the Principal District and Classes Choose had issued discover to Particular Choose Gogne, looking for his response on the switch plea. The court docket had additionally directed Senior Advocate Maninder Singh, showing on behalf of Rabri Devi, to position on report a short written synopsis, and listed the matter for additional listening to on December 17.
The Rouse Avenue Courtroom took notice of the ideas governing the switch of felony proceedings, laid down by the Delhi Excessive Courtroom in Directorate of Enforcement v. Ajay S. Mittal (2024 SCC OnLine Del 4047).
Rabri Devi had filed 4 completely different functions earlier than the Rouse Avenue Courtroom looking for switch of 4 felony instances pending earlier than Particular Choose Vishal Gogne. These included instances associated to the alleged IRCTC rip-off, the land-for-jobs case, and the cash laundering proceedings initiated beneath the Prevention of Cash Laundering Act (PMLA), 2002, in reference to these issues.
The Central Bureau of Investigation (CBI) had opposed the switch petitions, contending that the functions have been devoid of advantage and didn’t fulfill the statutory or judicially recognised grounds for switch beneath the Code of Felony Process, 1973. The nationwide company had submitted that the petitions have been designed to disrupt the continued trial and undermine the authority of the court docket seized of the matter.
Showing for the CBI, Particular Public Prosecutor DP Singh had argued that the switch functions amounted to discussion board procuring and constituted an impermissible try and intrude with the due administration of justice. He additional submitted that litigants couldn’t search reassignment of instances by casting aspersions on the presiding decide or by questioning the conduct of proceedings with none substantive foundation.
In its written response, CBI termed the switch plea as mala fide and asserted that it was geared toward weakening the institutional authority of the trial court docket. The nationwide company alleged that the petitions sought to scandalise the court docket, exert stress on the Particular Choose, and impede the unbiased and honest conduct of the trial.
It additional identified that allegations of bias have been raised solely after detailed arguments on the problem of cost had been heard over an prolonged interval, expenses had been framed, and the trial had superior to the stage of recording proof. As per the Counsel representing the company, the timing of the plea clearly indicated an try and delay and derail the felony proceedings quite than any real apprehension of prejudice.
After perusing the fabric on report and listening to the rival submissions, the Principal District and Classes Choose refused to train his discretion to switch the instances and dismissed the petitions, thereby allowing the proceedings earlier than the Particular Choose to proceed in accordance with regulation.
