Angsuman Sarmah vs The State Of Assam And 2 Ors on 21 October, 2019
12. This Court in the case of Maguni Charan Behra (Prof.) vs. State of Arunachal Pradesh and ors.
reported in 2018 (1) GLT 697, after discussing legal citations on the matter of transfer has held that
apprehension of denial of fair trial in a particular place/ State could be a ground for transfer of case
from one place to another. It was further held that an impartial and uninfluenced trial is the
fundamental requirement of a fair trial. If a criminal trial is not free and fair, the criminal justice
system would be at stake and erode the confidence of common people and it is in this context, when
it is shown that trial is likely to be seriously undermined, the Court can consider the prayer for transfer
of a case to one Court to another, to meet the ends of justice.