Supreme Court refuses plea of Prajwal Revanna for transfer of cases to special MP/MLA court

New Delhi: The Supreme Court on Thursday refused to entertain a plea of former Janata Dal (Secular) MP Prajwal Revanna to transfer the trial of two criminal cases before the special MP/MLA court in Bengaluru to another court in the city on the ground of bias.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi told Revanna's counsel that observations of the judge cannot be a ground of bias as it dismissed his plea.

"The observations of the presiding officer of the court cannot be the ground of bias. We have no reason to doubt that the officer would not be swayed by the fact that the petitioner was found guilty in the earlier case... and will confine his conclusions on the basis of evidence led in the pending trial," the bench observed.

Senior advocates Siddharth Luthra and Siddarth Dave, representing Revanna, said that the judge made some adverse comments against the lawyers too, which requires expunction.

Justice Bagchi said that lawyers cannot hold judicial officers to ransom and make any allegations against them.

"Mr Dave, these remarks were inspired by the high court order itself on the same lines. You cannot hold the judicial officers to ransom. This lawyer appears in collateral cases and withdraws the vakalatnama time and again," Justice Bagchi said.

CJI Kant said that Revanna's counsel can furnish an apology before the high court as it is the most unethical thing to allege bias just because some observations were made by the presiding officer.

"This is absolutely the most unethical thing done. Let him furnish an apology before the high court and it will consider it.

"We don't want to send a message that I went to the Supreme Court and got this done. We have to take care of the morale of our district judiciary as well," CJI Kant said, while declining to interfere with the high court order.

He told the senior counsels that there are hypothetical situations in the court and the judge's observation should not lead to allegations against him.

"There are hypothetical situations in court. We make observations. But I am not someone who will take browbeating of judges or courts lightly… As soon as the judge makes an observation there are allegations made against him," the CJI said.

The bench, however, said judges and courts also make mistakes but they are being rectified. "Sometimes, errors happen as we deal with such a large volume of cases and evidence," the CJI said.

Luthra pointed to the trial judge's observations and said, "Please see what the trial court observed that the accused was taken aback by the framing of the charge." CJI Kant told Dave that the court was correct because lawyers were being changed so often.

The bench also said that the high court can be approached seeking the expunction of the remarks made by the high court.

The trial court at Bengaluru had rejected Revanna's plea for transfer of cases against him on the ground that it was the special MP/MLA court which was specially designated to try offences against the elected representatives.

On September 24, the high court dismissed a petition filed by Revanna, a former Lok Sabha member from Hassan constituency for the transfer of criminal cases from the special MP/MLA court to another court in the city saying no material had been placed to show judicial bias.

He had approached the high court arguing that the lower court had dismissed his transfer plea on a "technical ground" without considering whether the presiding officer was actually biased.