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Old age and long distance travel not valid grounds for transfer of Case

Whether old age of the accused and long distance travel difficulty, can be a ground to transfer a criminal case? Madras High Court, in a recent order, observed that such concerns are not a valid ground for transferring a case. The accused, in a corruption case, had sought transfer of Trial from a Court situated 1000 kilometres away from his place of residence, on the ground of his inconvenience on account of his age as well as his present place of residence. The Prosecution contested his plea on the ground that case has become part-heard and some witnesses have already been examined. Justice P.Devadass observed: “it is quite natural in the present set up, he has to undergo some inconvenience. But, the Court has to see whether by this his defence is prejudiced. He has engaged a counsel to defend himself. Except the stated inconvenience, there is no bottleneck for defending himself as against the charges levelled against him. On account of the said inconvenience, we cannot transfer the case, because it does not appear to be a valid ground.”

Article referred: http://www.livelaw.in/old-age-long-distance-travel-not-valid-grounds-transfer-case-madras-hc/

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