Sunil vs State of U.P. and Another

Barkat Ali Zaidi, J.—Transfer applications on flimsy and frivolous accusations are on the rise. Sometimes the purpose is to gain time, and there are other ulterior motives.

We have at hand here an application of such a nature, which has been branded as such by the District Judge also as frivolous and baseless.

The application is about transfer of a revision pending before Additional Sessions Judge, Court No. 11, Saharanpur.

The ground on which the transfer was sought is that the revisionist, who is a police officer was seen talking with the Presiding Officer in the Chamber.

The District Judge rightly found the allegation wholly without substance and dismissed the application for transfer. Undaunted, and encouraged by his legal advisers, the applicant has sought to pursue the matter even at High Court level.

I have heard Sri Anurag Pathak, counsel for the applicant, Sri Mohammad Israil Siddiqui, Addl. Government Advocate, for the State. It was not considered necessary to issue notice to revisionist.

It was pointed out by the counsel for the applicant that an affidavit has been filed by the applicant in support of these allegations by the applicant.

A mere filing of an affidavit will not ipso facto suffice to establish any particular fact. It is being seen, and it is common knowledge that false affidavits are filed without hitch and hesitation, and with the utmost bravado. If the Courts start going only by the affidavit without examining the probabilities and the possibilities, justice would be the primary casualty. The Courts have, therefore, to assess the circumstances of each case irrespective of any affidavit, because as the old aphorism goes ''Men may lie but circumstances do not''.

The District Judge was wholly justified in assuming, that the whole story propounded by the applicant is fictionary and no Judge will do anything like that. The Judge concerned has himself categorically denied the allegations.

The application has no merits and is accordingly dismissed.