In a significant ruling, the Delhi High Court has dismissed petitions seeking transfer of a long-pending criminal trial, observing that mere procedural changes do not justify allegations of bias or denial of justice.
Background of the Case
The petitions were filed by Balbir Chand Tiwari and Sukhmohinder Singh Sandhu, who are currently facing trial in a case initiated by the Central Bureau of Investigation (CBI). The matter, dating back several decades, is now at the stage of final arguments.
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Earlier, the trial court had planned to hear arguments in a phased manner-first on the issue of sanction under Section 197 of the Criminal Procedure Code, and later on the merits. However, after a change in the presiding officer, the court decided to hear arguments comprehensively on both aspects together.
This shift led the petitioners to approach the sessions court seeking transfer of the case, claiming apprehension of bias. Their request was rejected on March 17, 2026, prompting them to move the High Court.
Justice Manoj Jain, while hearing the matter, made it clear that the apprehension raised by the petitioners was not legally sustainable.
The Court observed that a change in the manner of hearing arguments whether phased or combined does not indicate any bias or predetermined outcome.
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“The apprehension is unfounded, specious and misplaced,” the Court noted, emphasizing that such procedural decisions fall within the discretion of the trial court.
The judge further stated that the outcome on the issue of sanction would remain unaffected regardless of whether arguments are heard separately or together.
On Transfer of Cases
The High Court underscored that transferring a case is not a routine exercise and must be done only in exceptional circumstances.
It cautioned that such orders can have a “depressing, demoralizing and disconsolate impact” on the concerned judge and should therefore be passed sparingly.
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Addressing the reliance placed by the petitioners on a Supreme Court judgment, the Court clarified that the facts in that case were entirely different and not comparable to the present situation.
Concluding that there was no illegality in the earlier order rejecting the transfer plea, the High Court refused to interfere.
“Finding no reason to transfer the case, both petitions stand dismissed,” the Court held.
Case Details
Case Title: Balbir Chand Tiwari vs CBI & Ors.; Sukhmohinder Singh Sandhu vs CBI & Ors.
Case Number: CRL.M.C. 2674/2026 & CRL.M.C. 2694/2026
Judge: Justice Manoj Jain
Decision Date: April 9, 2026
