Justice P. Velmurugan, Madras High Court The Madras High Court, while dismissing a Transfer Petition, has held that a trial against a sitting MLA doesn’t by itself mean that it will not be fair. The

Justice P. Velmurugan, Madras High Court The Madras High Court, while dismissing a Transfer Petition, has held that a trial against a sitting MLA doesn’t by itself mean that it will not be fair. The Court was considering a Petition seeking transfer of a case which was pending on the file of the Judicial Magistrate or any other competent court registered under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881. The Bench of Justice P. Velmurugan observed, “In the present case, there is no order passed by the learned Magistrate that shows any kind of bias or unfair conduct. The fact that the respondent is a sitting MLA does not, by itself, mean that the trial court cannot hold a fair trial. The complaint made by the petitioner against the Magistrate and the court staff is still under inquiry, and no decision has been taken yet which would make this Court conclude that the Magistrate should not continue with the case. The power to transfer a criminal case must be used carefully and only when there is a genuine and reasonable fear that justice will not be done. That fear must be real and based on facts, not just a feeling or suspicion.”