Old age cannot be a ground for transfering case: Madras High Court

Justice P Devadoss said a case can't be transfered on account of the said inconvenience, because it does not appear to be a valid ground

Old age cannot be a ground for transferring the trial of a criminal case from one district to the other, ruled the Madurai bench of the Madras High Court on Monday.

Declining the plea of Viswam, who was a government employee and booked on charges of corruption to transfer the case from Sivaganga to Chennai, Justice P Devadoss said "we can't transfer the case on account of the said inconvenience, because it does not appear to be a valid ground."

But the trial need not insist on his presence unnecessarily, the judge said.

"He is an old man. Corruption case is there. He has to face it. But his appearance can be dispensed except on important occasion of the trial."

If case is posted for ordinary hearing or examination of witnesses in the presence of his counsel, then there was no need for the petitioner to be present in the trial court, the judge said.

The petitioner's counsel said his client did not want to drag the case, but he had inconvenience of travelling 1000 km up and down to attend the trial.