Hostile Environment Affects Fair Trial: Punjab & Haryana High Court Transfers Cheating Case Against Advocate After Fellow Advocates Decline To Take Brief Against Him

The Punjab & Haryana High Court while ordering for transfer of a Cheating Case registered against a District Court Lawyer for forging property documents after fellow Lawyers refused to take brief against him observed that undue influence or creation of a hostile environment by the opposite party affects fair trial.

The Court was considering a Second Petition filed under Section 447 of Bharatiy Nagarik Suraksha Sanhita, 2023 seeking transfer of the trial stemming from FIR registered registered under Sections 420, 467, 471, 468 and 120-B of the Indian Penal Code.

The single bench of Justice Harpreet Singh Brar observed, "The inability of a litigant to secure effective legal assistance due to reluctance caused by undue influence or creation of a hostile environment by the opposite party, especially where the accused is an Advocate practicing in the same Court, compromises the foundational principle's of fair trial. It is trite law that the inability to engage a legal counsel owing to reluctance caused by local factors may constitute a valid ground for transfer of trial under Section 407 Cr.P.C."

The Petitioner was represented by Advocate Pratap Singh Gill while the Respondent was represented by Deputy Attorney General Nitesh Sharma.

Facts of the Case

Counsel for the Petitioner inter-alia contended that the Petitioner had lodged the FIR (supra) against the Respondents for preparing a forged Will in the name of Petitioner’s late uncle in order to usurp the property of the deceased. It was further contended that the Advocates in the said District are not willing to represent the Petitioner, which has caused great prejudice and inconvenience to him.

Reasoning By Court

The Court was of the view that the Petitioner is facing genuine difficulty in securing legal representation in district Amritsar, owing to the fact that Respondents are Advocates in the same district and as such, local lawyers are either reluctant or unwilling to accept brief against fellow members of the Bar.

It pointed out that the current circumstances have seriously impeded the Petitioner’s right to a fair trial and anticipation in the proceedings, creating a reasonable apprehension of denial of effective access to justice.

The Court emphasized that such undue influence and hostile environment is affecting the fair trial and cited Supreme Court's ruling in Zahira Habibullah Sheikh vs. State of Gujarat (2004) wherein it was observed that a free trial would necessarily involve creation of a neutral atmosphere where parties can participate freely by availing effective legal assitance.

The Petition was accordingly allowed.

Cause Title: Daljit Singh vs. State of Punjab and Others (2025:PHHC:078002)

Appearances:

Petitioner- Advocate Pratap Singh Gill

Respondents- Deputy Attorney General Nitesh Sharma, Advocate Lokesh Garg, Advocate Kushagra Mahajan

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