The Supreme Court on October 30 ordered the transfer of a hit-and-run case involving a sitting Judicial Magistrate accused in the matter from Punjab to Delhi, following the victim’s family’s apprehension of bias in the ongoing trial.

A Bench comprising Justices Surya Kant and Joymalya Bagchi passed the order after hearing Advocate Raja Choudhary, who appeared on behalf of the victim’s wife.

During the proceedings, counsel for the accused judicial officer informed the Court that there was no objection to the transfer, but suggested that the case be moved to Noida instead of Delhi, citing possible hostility since the victim’s sister-in-law practices law in Delhi. In response, Justice Kant remarked:

“As a judicial officer, do you think these things will matter?”

The counsel then requested that, if the matter is transferred to Delhi, it may be placed before the Rohini Courts, given its proximity to Punjab, and that the accused’s personal appearance be exempted since he has surrendered and obtained bail.

Accepting the request in part, the Supreme Court transferred the trial from the Phagwara Court to the Chief Metropolitan Magistrate, Rohini Courts, Delhi, and directed that further proceedings continue there.

The Bench also disposed of a connected transfer petition filed by the victim’s wife, who sought transfer of the investigation from Punjab Police to the CBI. The Court clarified that the petitioner may approach the Delhi court for any plea seeking further investigation, which shall be decided in accordance with law by the concerned Magistrate. Should additional investigation be warranted, it will be entrusted to the Delhi Police.

Additionally, with the consent of both parties, the Court transferred to Delhi a motor accident compensation claim filed by the petitioner in Kullu, Himachal Pradesh, to ensure consolidated adjudication.

According to the case record, the victim’s husband died in a hit-and-run incident in February 2025, allegedly caused by a probationary judicial officer posted in Hoshiarpur, Punjab. The matter was pending before the Judicial Magistrate, Phagwara, at the stage of charge framing when the transfer plea was filed.

Earlier, while issuing notice, the Supreme Court had stayed the Phagwara trial proceedings, observing that the accused’s position within the Punjab judiciary could raise legitimate concerns about a fair trial. It had also directed that any connected writ petition be transferred for joint consideration.

Case Title: Aashima v. State of Punjab & Anr.

Diary No.: 54082-2025 (and connected case)