Supreme Court of India

Capt. Amarinder Singh v. Prakash Singh Badal & Ors.

Neutral citation

Reported as [2009] 9 S.C.R. 194

Decided 14 May 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the petitioners have not made out a case that they have reasonable apprehension of not availing justice in the E State of Punjab.

Judgment, page 31

From the headnote

Code of Criminal Procedure, 1973: ss.406, 407 - c Transfer petition - Maintainability of - Held: Maintainable when there is reasonable apprehension on the part of party to a case that justice would not be done - Mere allegations that there is apprehension· that justice would not be done would not suffice - Assurance of fair trial is the first imperative ' of the dispensation of justice - When it is shown that public -\Ji'.' confidence in the fairness of a trial would be seriously undermined, th_e· aggrieved party can seek the transfer of a case within the State under s.407 and anywhere in the

Authorities it was built on

2000 Abdul Nazar Madani Etc v. State of Tamil Nadu and Anr. cited by 14
2008 Jayendra Saraswati Swamigal @ Subramaniam v. State of Tamil Nadu cited by 3

Where later benches applied it

2023 Afjal Ali Sha @ Abjal Shaukat Sha v. State of West Bengal & Ors relied on
2013 Dr. Rajesh Talwar and Anr. v. C.B.I. and Anr. relied on
2013 Selvi J. Jayalalithaa & Ors. v. State of Karnataka & Ors. relied on
2012 Mrudul M. Damle & Anr. v. C.B.I. New Delhi relied on
2022 Suneetha Narreddy & Another v. The Central Bureau of Investigation and Others followed
2025 M/s Shri Sendhur Agro & Oil Industries v. Kotak Mahindra Bank Ltd. referred to
2016 Usmanganjadambhaivahora v. State of Gujarat & Anr. referred to
2018 Lourembam Deben Singh & Ors. v. Union of India & Ors. Etc. distinguished

Of those, 4 relied on · 1 followed · 1 distinguished · 2 referred to

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