Hanwant Das vs Vinay Kumar and Others

Heard counsel.

We are not disposed to believe that either the learned Sessions Judge or the learned Judge of the High court, Mr Justice V.P.Gupta, is likely to take any interest in the prosecution which has been launched against Mr Justice Gupta''s mother-in-law and brother-in-law. Considering, however, the various circumstances of the ''case, but without meaning to cause any aspersions, whatsoever, on the conduct of either the learned Sessions Judge or that of Mr Justice V. P. Gupta, we think that it is better and in the interest of all parties concerned that the case is transferred from the State of Himachal Pradesh to a Sessions court outside the State of Himachal Pradesh. We, accordingly, transfer Sessions Case No. 14 of 1979 to the Sessions court, Gurdaspur and direct that it shall be tried by a Sessions Judge to be nominated by the chief justice of the Punjab & Haryana High court. We are sure that the Sessions Judge, who will try the case, will consider sympathetically the application of any of the accused for exemption from personal appearance, especially, of the mother-in-law Shrimati Chhano Devi.