JAYENDRA SARASWATI SWAMIGAL alias SUBRAMANIAM vs STATE OF TAMIL NADU

The Supreme Court, while addressing a transfer petition under Section 406 of the Code of Criminal Procedure, 1973, held that the accused had a reasonable apprehension of not receiving a fair trial in Tamil Nadu due to the actions of the prosecuting agency. Consequently, the Court transferred Sessions Case No. 197/2005 from Tamil Nadu to Pondicherry, emphasizing that the transfer was in the interest of justice. The Court upheld the appointment of a Special Public Prosecutor by the State of Tamil Nadu for the trial in Pondicherry, affirming that the State retains the right to appoint a prosecutor despite the case's transfer.