Case transfer without ground will demotivate judicial officers

MADURAI: Madurai Bench of the Madras High Court today ruled petitions seeking transfer of cases to another court cannot be entertained in 'unwarranted' circusmtances as that would demotivate the judicial officers and rejected the plea for shifting a civil miscellaneous petition.

The court was dismissing the prayer of one J George Sebastain who wanted the case to be transferred from a sub-court in Paramakudi in Ramanathapuram District to another alleging that the presiding officer forced him to sign the deposition of his evidence.

"If the transfer petitions were ordered in unwarranted circumstances, that would demotivate the Judicial officers whilde discharging their functions," Justice R Vimala said.

The Judge said the petitioner had claimed that the sub- judge threatened him to sign the deposition without waiting for the arrival of his counsel.

"This cannot be the ground for the transfer of the case. It is not possible for the presiding officer to wait for the arrival of the counsel in each case," she said.

It was open to the party who gave evidence to go through the deposition and submit his objection if any, before signing. In this case the petitioner who has signed in English is a literate. There was no need for the Presiding officer to wait for the counsel, the Judge said.

Also refusing to fix a time-frame for completing the case, the Judge directed the trial court to dispose of the case as quickly as possible.