Supreme Court of India · 1996-08-19
NIRMAL SINGH vs STATE OF HARYANA
- Citation / case number
- SC 1997/20342
- Court
- Supreme Court of India
- Petitioner
- NIRMAL SINGH
- Respondent
- STATE OF HARYANA
- Author
- G.B.PATTANAIK R.P.SETHI
- Bench
- G.B.PATTANAIK R.P.SETHI
Judgment text excerpt
The Supreme Court held that the transfer of a criminal trial from one Sessions Court to another under Section 407 Cr.P.C. must be done with due notice to the accused to ensure fair play. The Court found that the High Court's suo moto transfer of the case from Ambala to Chandigarh was improper as it was done without hearing the accused, thereby violating principles of natural justice. The Court set aside the High Court's order of transfer, emphasizing the necessity of affording the accused an opportunity to be heard before such a significant decision is made.