In a notable decision, the Delhi High Court has set aside the transfer of a Prevention of Money Laundering Act (PMLA) case involving Bhushan Steel from Special Judge Jagdish Kumar to Special Judge Mukesh Kumar. This transfer was originally ordered by the Principal District and Sessions Judge Anju Bajaj Chandna after allegations of bias were raised by one of the accused, Ajay S. Mittal.
Background of the Case
The controversy began when the judge allegedly remarked, “ED matters main kaun si bail hoti hai?” (“Who gets bail in ED matters?”), during proceedings. This comment led to concerns about the judge’s impartiality, prompting Mittal to file for a transfer of the case. Mittal’s wife, also an accused in the case, reported the judge’s remark, which added to the apprehensions of bias【592†source】【594†source】.
Court’s Observations
The Delhi High Court, while reviewing the transfer order, emphasized the importance of maintaining judicial integrity and impartiality. The court noted that the transfer of cases should not be based solely on unverified allegations, as this could undermine the judicial system’s credibility. However, the court also acknowledged the accused’s right to a fair trial and the perception of justice being done【594†source】【595†source】.
The court ultimately decided to set aside the transfer, restoring the case to Special Judge Jagdish Kumar. This decision underscores the judiciary’s commitment to ensuring that justice is not only done but is also seen to be done, without yielding to unsubstantiated claims of bias【595†source】【596†source】.