The Supreme Court on Friday dismissed a CBI plea to transfer the trial of the Ghaziabad Provident Fund scam,involving several former and serving senior judges,from Uttar Pradesh to a Delhi court.
The agency had moved the plea apprehending that continuing with the criminal proceedings in Ghaziabad would not be conducive to fair trial as some of the accused judges were still serving members of the judiciary,that too at a senior level,and might wield their influence within the state.
A three-judge Bench of Justices D K Jain,V S Sirpurkar and G S Singhvi rejected the plea as bald allegations which might even undermine the credibility of the entire UP state judiciary. We are of the view that the apprehension entertained by CBI that the trial of the case at Ghaziabad may not be fair,resulting in miscarriage of justice,is misplaced and cannot be accepted, the court observed.
From the material on record,we are unable to draw any inference of a reasonable apprehension of bias nor do we think that an apprehension based on a bald allegation that since the trial judge and some of the named accused had been close associates at some point of time and that some of the witnesses are judicial officers,the trial at Ghaziabad would be biased and not fair,undermining the confidence of the public in the system, Justice Jain wrote in his judgment.
Three-member panel to run Prasar Bharati: SC