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Case transfer from Sikkim to Siliguri on fears of any undue political influence ground

HM Report

Case transfer from Sikkim to Siliguri on fears of any undue political influence ground

Gangtok, February 8:  The transfer of a judicial case against opposition political parties of Sikkim by Chief Minister Pawan Kumar Chamling (Transfer Petition (Criminal) No. 148/2008: Anjan Upadhyaya & Anr. Vs. Dr. Pawan Kumar Chamling, CM, Sikkim & Ors.), matter was taken up for final hearing today. R K Singh, Advocate assisted by Ms. Deepa Rai, Advocate, a lawyer from Sikkim, practicing at Delhi represented Anjan Upadhyaya and argued before the Bench comprising of the Chief Justice of India Justice R M Lodha and Justice Deepak Verma. After hearing the arguments from both the sides, the Court ordered immediate transfer of the criminal complaint No. 03/2007 Dr. Pawan Kumar Chamling versus Mr. Nar Bahadur Bhandari & Ors. under Section 63 of Copyright Act, 1957, r/w Section 34 IPC from the state of Sikkim to the Court of CJM, Siliguri, West Bengal. The Supreme Court observed that since the complaint has been filed by a powerful individual and although the Court did not agree with the petitioner’s apprehension of judicial bias against him, in order to obviate any misgivings about a mistrial, it thought fit to order transfer of the case from Sikkim to Siliguri. The Court of CJM, Siliguri would now issue summons to the complainant and all the accused and direct them to appear before him for further proceedings. This sets at rest Anjan Upadhyaya’s apprehension and fears of any undue political influence in the matter.

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