Court rejects plea of accused to transfer trial to another court
Dismissing the plea, the trial court relied on judicial precedents set by the Supreme Court to reiterate that trials cannot be transferred “for the convenience of parties” or “merely on the basis of apprehensions or suspicions” of not being tried fairly.
Sessions court in Gautam Buddha Nagar rejects accused plea to transfer Mohammad Akhlaq lynching trial to another court.
Dismissing the plea, the trial court relied on judicial precedents set by the Supreme Court to reiterate that trials cannot be transferred “for the convenience of parties” or “merely on the basis of apprehensions or suspicions” of not being tried fairly.
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The accused, in their plea moved before a designated fast-track court that is conducting the trial, had complained that they were not being given an opportunity to be heard, that their defence is not being considered and that there is no possibility for them to get justice.
The application had cited the trial court’s December 2025 decision, in which it had rejected the Uttar Pradesh government’s plea to withdraw the case against the accused.
Citing that this order has been prejudicial against them and caused them harm, the accused have maintained that the trial court is intent on “forcibly” proceeding against them.
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Sessions judge Atul Srivastava, while rejecting the plea of the accused on Thursday, reasoned, “On law, there is no basis for transferring the trial proceedings on the basis of any party being harmed or benefited by a judicial order. Judicial orders are passed on the basis of merits of the case.”
The court underlined that such apprehension of not being tried fairly should be supported by facts, which is “not the case in the present matter”.
Akhlaq (55) was lynched by a mob in Bisada village in Dadri on September 28, 2015, following rumours that his family had stored beef at home.
On December 23, the fast-track court had described the lynching as a “serious crime against society” and observed that no grounds existed for withdrawing the prosecution.
Sessions court in Gautam Buddha Nagar rejects accused plea to transfer Mohammad Akhlaq lynching trial to another court. 
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