Improper lower court order no ground for transfer of trial: SC

The Supreme Court Wednesday said Syed Mohammad Ahmed Kazmi, accused in the Feb 13, 2012, blast in an Israeli embassy vehicle, could seek a video recording of the trial court proceedings if there was another instance of an alleged improper order being passed in the course of proceedings.

The apex court bench of Justice J. Chelameswar and Justice Shiva Kirti Singh said this while maintaining that an improper or wrong order by a subordinate court can always be rectified but it cannot be a ground for seeking transfer of trial to another court.

The apex court bench said this as petitioner Kazmi sought the transfer of his trial to another special court as he alleged bias by the existing court.

"Sometimes the subordinate court may pass an improper or wrong order. It can be corrected but it cannot be a basis for seeking transfer of trial," observed Justice Shiva Kirti Singh as Kazmi's counsel Mahmood Pracha urged the court to shift the trial to another special court.

Counsel Pracha wondered where would he go if the judge of the special court was recording orders that were contrary to what had transpired in the court.

"Where is your right of transfer?" the apex court asked Pracha, and when he referred to the Code of Criminal Procedure, the court said: "They don't confer any right to you."

Pressing his plea for transfer of trial, Pracha said he was told by the trial court that his arguments spread over 10 minutes on an application seeking discharge in the case covered his submission on the point of charges also.

He wondered how could a 10-minute argument be sufficient to cover the point of charge in a 2,000-page chargesheet.

The court said if the petitioner Kazmi was faced with another instance of an alleged improper order by the trial court, he can then move the high court and even seek a video recording of the proceedings.

"Next time, go to the high court and seek video recording of the proceedings," the apex court told Pracha.

Taking it as an impromptu opportunity, Pracha urged the court to pass an order to that effect, and said he would withdraw his petition.

As Pracha repeated his readiness to the court's suggestion, the court adjourned the hearing till Thursday, seeking the Delhi government's response to Kazmi's plea for the transfer of trial.

Kazmi moved the apex court challenging the Delhi High Court order that the designated special court will hear Kazmi on the point of charge.

Kazmi was detained under the Unlawful Activities (Prevention) Act in connection with the February 2012 blast in an Israeli embassy vehicle on the Aurangzeb Road-Race Course Road crossing.

The Israeli defence attache's wife Tel Yehoshua Koren, who was in the car, was injured in the blast.

Kazmi was granted bail by the apex court Oct 19, 2012.