Case should not be transferred from a judge on grounds of bias without hearing the judge: Delhi High Court

The Delhi High Court on Tuesday issued a set of directions to be followed by Principal District and Sessions Judges while dealing with transfer applications filed before them [Directorate of Enforcement v Ajay S Mittal]..Justice Swarana Kanta Sharma ordered that all the Principal District and Sessions judges should ensure that no case is transferred from a judge on allegations of bias unless the concerned judge’s comments are mandatorily invited and considered.The following direction were issued in this regard: - The comments of the concerned judge from whom the case is sought to be transferred on ground of bias will be called mandatorily;- The application will be decided after considering the said comments and in light of principles of real apprehension of bias; - The other principles regarding the attending circumstances being considered will also be taken into consideration at the time of deciding such applications..The Bench passed these directions while setting aside an order of the Principal District and Sessions Judge of Rouse Avenue Court transferring the Bhushan steel money laundering case from the judge who allegedly remarked to the court staff, "ED (Enforcement Directorate) matters main kaun si bail hoti hai?(who gets bail in ED matters?)"..Justice Sharma said that the relationship between the staff and the judge must be treated as confidential and it should not become a subject of scrutiny by the litigants or the lawyers. It is an area that demands respect and privacy.The Court said that the judge’s comment does not reflect any real apprehension of bias towards accused Ajay S Mittal and any unfair favour towards the ED.The Bench ordered that its judgement and guidelines issued regarding the transfer of cases be forwarded to all Principal District and Sessions Judges of Delhi.“A copy be also forwarded to Director (Academics), Delhi Judicial Academy for taking note of its contents and inclusion in appropriate programme to be held for Principal District & Sessions Judges, Delhi,” the Court ordered..ED was represented in the case by its Special Counsel Zoheb Hossain and advocate Kartik Sabharwal.Senior Advocates Sandeep Sethi and Mohit Mathur along with advocates Sanyam Khetarpal, Deepak Goel and Shreya appeared for Ajay S Mittal. .[Read Judgment]