Whether a Principal Session Judge can impose a cost?
AMAR RANU
(Querist) 28 February 2010
This query is : Resolved
Whether a Principal Session Judge (PSJ) can impose a cost on any applicant,who moves transfer application before him u/s 408 of Cr.P.C.?
In the abovesaid case,a transfer application was dismissed and despite it,the said case was transferred to other session Judge on "administrative grounds"and while dismissing the said transfer application,a cost of Rs.5000/- was imposed on the said applicant for "making wild allegations" against the session judge from whose court the said case was ultimately transferred by PSJ.
In the light of the above,since there is no provision u/s 408 to impose cost and under what authority and or section,the said cost was imposed on an aggrieved party?
To challenge this harsh order,what remedies are available and case laws or authorities,if available with any esteemed experts,shall be highly appreciated.
Amar
Raj Kumar Makkad
(Expert) 28 February 2010
Though while performing administrative duties, such costs are not unknown and can be imposed keeping in view the seriousness of the allegations leveled in the mentioned application but the scope to review such orders is always available with the next appellate court so you can move to High Court, if you want to challenge the impugned order.
AMAR RANU
(Querist) 01 March 2010
Before moving High Court,I wanted to know whether Sessions Court being subordinate judiciary,have the power to impose costs,while performing judicial functions u/s 408 of Cr.P.C.wherein there is no provision to impose such costs on any aggrieved party.
Moreover,you can not appreciate and praise the conduct of the judge from whose court you want to transfer your case for reasons of bias and prejudice.
You have to blast such a Judge to make your case as one of genuine and reasonable apprehension of bias and prejudice so that it can be transferred to some unbiased judge.
Amar
