The Supreme Court on Friday issued notice on a petition seeking transfer of a hit-and-run case, in which a sitting Judicial Magistrate is named as the accused, from Punjab to Delhi.

A bench comprising Justices Surya Kant and Joymalya Bagchi passed the order while hearing submissions from Advocate Raja Choudhary, appearing for the petitioner—wife of the deceased victim. The Court also stayed further proceedings in the trial currently pending before the Phagwara Court. Additionally, it directed the petitioner to move an application for transfer of a connected writ petition, noting that both matters ought to be heard together for consistency.

The petitioner sought transfer of the trial citing apprehensions of not receiving a fair and impartial trial in Punjab, since the accused is a serving member of the judicial service there. According to the petition, the accused Judicial Magistrate, posted in Hoshiarpur, was allegedly involved in the accident that led to the petitioner’s husband’s death. The trial has reached the stage of framing charges before the Judicial Magistrate at Phagwara.

The plea was mentioned before the Supreme Court a day earlier for urgent listing. Counsel for the petitioner had then informed the bench that the victim died in the hit-and-run incident, and highlighted the sensitivity of the matter given the professional standing of the accused.

During the hearing, Justice Surya Kant specifically queried the petitioner’s counsel on the choice of Delhi-NCR as the preferred transfer destination. “Hit and run…where the accused is a judicial magistrate?” Justice Kant remarked, seeking clarification on why the case should not instead be transferred to Chandigarh. He also inquired about the identity of the accused magistrate.

At the next hearing, Justice Kant pressed counsel to confirm whether the petitioner was serious about the request to shift the trial to Delhi. Advocate Choudhary explained that the apprehension stemmed from the accused magistrate’s family background, noting that he hailed from Sirsa and had close relatives practicing law in Chandigarh.

Justice Kant then observed: “We will transfer the case wherever you want in India—no difficulty. But the other eye-witnesses, like the sister of the deceased, will they be able to travel to Delhi?” Counsel assured the Court that witnesses would be able to appear in Delhi.

Accepting this, the bench proceeded to issue notice on the transfer plea, leaving the door open for shifting the proceedings to Delhi. The petition was filed through Advocate-on-Record Rajesh Singh Chauhan.

Case Title: Aashima v. State of Punjab & Anr., Diary No. 54082-2025