TRANSFER PETITION (CIVIL) NO. OF 2014 (Transfer Petition under Article 139A of the Constitution of India read with Section 25 of the Code of Civil Procedure) IN THE MATTER OF: B!"# T$ B!"# T$IS $I%$ C"&#T $"'(B) C"&#T *s+ , )ocal Ca-. address C/o '011A2 Sa3et2 'ew 4elhi 115516+ 4efendant 'o+ 5 Petitioner 7ersus 1+ Swatanter 8u-ar Son of late "- Pra3ash #esident of 9 T9a:ra; #oad2 'ew 4elhi < 115551 Plaintiff #es.ondent 'o+ 1 2+ The Indian =.ress Throu:h ditor0in0Chief and Pu>lisher 2 nd !loor2 =.ress Towers 'ari-an Point *u->ai < 155521 4efendant 'o+ 1 #es.ondent 'o+ 2 Also at? Cor.orate "ffice Throu:h its #esident ditor2 =.ress Buidlin: 9015 Bahadur Shah @afar *ar:2 'ew 4elhi < 115552 3+ *r+ *aneesh Chi>>er #e.orter The Indian =.ress )td+ =.ress Buildin: 9015 Bahadur Shah @afar *ar:2 'ew 4elhi 0 115552 4efendant 'o+ 2 #es.ondent 'o+ 3 1+ Bennett2 Cole-an and Co-.an9 )i-ited The *ana:in: 4irector The ditor0in0Chief of ATi-es 'ow( 4r+ 4+'+ #oad *u->ai < 155 551 4efendant 'o+ 3(a) #es.ondent 'o+ 1 Also at? Cor.orate "ffice? Ti-es $ouse 62 Bahadur Shah @afar *ar: 'ew 4elhi < 115 153 5+ Ti-es %lo>al Broadcastin: Co-.an9 )i-ited Throu:h its *ana:in: 4irector 1 st floor2 Trade $ouse 8a-la *ills Co-.ound Sena.ati Ba.at *ar: )ower Parel *u->ai < 155 513 4efendant 'o+ 3(>) #es.ondent o+ 5 B+ T71C Broadcastin: )i-ited Throu:h its *ana:in: 4irector ditor0In0Chief of DC''0IB'E =.ress Trade Tower Plot 'o+ 1501B Sector 1B0A '"I4A &ttar Pradesh < 251351 4efendant 'o+ 1(a) #es.ondent 'o+ B Also at its re:istered office at? 5532551 F 5562 5 th !loor2 *ercantile $ouse2 15 8astur>a %andhi *ar:2 'ew 4elhi < 115551 6+ Turner International Throu:h its *ana:in: 4irector =.ress Trade Tower Plot 'o+ 1501B Sector 1B0A '"I4A &ttar Pradesh < 251351 4efendant 'o+ 1(>) #es.ondent 'o+ 6 C+ &nion of India Throu:h the Secretar9 Throu:h the *inistr9 of Infor-ation and Broadcastin: Shastri Bhawan 'ew 4elhi 4efendant 'o+ B #es.ondent 'o+ C PETITION FILED UNDER ARTICLE 139 A OF THE CONSTITUTION OF INDIA READ WITH SECTION 2 OF THE CODE OF CIVIL PROCEDURE FOR TRANSFER OF THE SUIT FILED !" THE RESPONDENT NO. 1 HEREIN !EING C.S. (O.S) 102 OF 2014 TITLED AS #SWATANTER $UMAR VERSUS THE INDIAN E%PRESS LTD. AND ORS.& PENDING !EFORE THE HON&!LE HIGH COURT OF DELHI AT DELHI TO THE CIT" CIVIL COURT' !ANGALORE OR TO AN" OTHER COURT OF COMPETENT JURISDICTION. To, THE HONBLE CHIEF JUSTICE OF INDIA AND HIS HONBLE COMPANION JUSTICES OF THE HONBLE SUPREME COURT OF INDIA THE HUMBLE TRANSFER PETITION OF THE PETITIONER ABOVE NAMED. MOST RESPECTFULL" SHEWETH: 1+ That the .resent .etition under Article 139A of the Constitution of India read with Section 25 of the Code of Civil Procedure is >ein: filed >9 the Petitioner a>ove0 na-ed2 see3in: transfer of suit filed >9 the #es.ondent 'o+ 1 herein >ein: C+S+ ("+S) 152 of 2511 titled as ASwatanter 8u-ar versus The Indian =.ress )td+ and "rs+( .endin: >efore the $on(>le $i:h Court of 4elhi at 4elhi to the Cit9 Civil Court2 Ban:alore or to an9 other court of co-.etent ;urisdiction+ 2+ That the >rief facts :ivin: rise to the .resent .etition are as follows? a+ That the Petitioner is .resentl9 25 9ears of a:e+ She :raduated as a law9er in 2512 and is .resentl9 wor3in: with an '%" in Ban:alore for the last one and a half 9ears+ She has no real connections with the le:al fraternit9 in India2 includin: in 4elhi+ >+ That the #es.ondent 'o+ 1 is a for-er Gud:e of this $on(>le Court+ $e .racticed as a law9er in the 4elhi $i:h Court for a .eriod of 23 9ears2 durin: which ti-e he was desi:nated a senior counsel >9 the $on(>le 4elhi $i:h Court on !e>ruar9 C21991+ $e was a..ointed as an Additional Gud:e of the 4elhi $i:h Court on 'ove->er 152 1991+ $e was su>seHuentl9 transferred to Pun;a> and $ar9ana Court on 'ove->er 352 1991 and was a..ointed as .er-anent Gud:e on 'ove->er 352 1995+ $e was then transferred >ac3 to the 4elhi $i:h Court on "cto>er 12 2551 and then elevated as the Chief Gustice of the Bo->a9 $i:h Court with effect fro- *arch 312 2556+ "n 4ece->er 122 25592 the #es.ondent 'o+ 1 was a..ointed/ elevated as a ;ud:e of this $on(>le Court2 fro- which he resi:ned on 4ece->er 192 2512 and assu-ed office as the Chair-an of the 'ational %reen Tri>unal2 'ew 4elhi2 a .ost he currentl9 holds+ c+ That the #es.ondent 'os+ 2 < C are 4efendants arrai:ned >9 the #es.ondent 'o+ 1 in the a>ove0 -entioned suit filed >9 hi-+ The #es.ondent 'os+ 2 < 6 are entities/-e->ers of the -edia and the #es.ondent 'o+ C is the &nion of India2 throu:h the *inistr9 of Infor-ation and Broadcastin:+ d+ That the Petitioner2 a law student at the ti-e2 was scheduled to wor3 as a ;udicial0intern under #es.ondent 'o+ 1 herein2 in his ca.acit9 as a ;ud:e of this $on(>le Court2 fro- *a9 1B2 2511 < Gune 252 2511+ She ;oined the office of the #es.ondent 'o+ 1 and >e:an the internshi. on *a9 1B2 2511+ It was durin: this ti-e2 that Petitioner was su>;ected to se=ual0 harass-ent at the wor3.lace >9 the #es.ondent 'o+ 1+ e+ That as a result2 the Petitioner2 fearin: her safet92 i--ediatel9 infor-ed her .arents and as3ed her father to arran:e travel for her to return to 8ol3ata+ She also infor-ed her friends a>out the incident+ She discontinued her internshi. on *a9 292 25112 citin: a fa-il9 e-er:enc9 as the reason for her i--ediate de.arture2 as she was afraid she would >e co-.elled to confront the #es.ondent 'o+ 12 so-ethin: she was reluctant to do at the ti-e+ f+ That the #es.ondent 'o+ 1 resi:ned as a ;ud:e of this $on(>le Court on 4ece->er 192 25122 to assu-e office as the Chair.erson of the 'ational %reen Tri>unal2 'ew 4elhi2 a .ost he currentl9 holds+ :+ That in 'ove->er 25132a co-.laint of se=ual harass-ent for-all9 ca-e to >e -ade to the Chief Gustice of India2 a:ainst Gustice A+8+ %an:ul9 (retired)2 >9 an intern (hereinafter Athe first intern()+ In res.onse to the co-.laint2 the then Chief Gustice of India2 on 'ove->er 122 25132 constituted a 30;ud:e Co--ittee to conduct an enHuir9 into the Co-.laint of the first intern2 co-.risin: Their )ordshi.s Gustice #+*+ )odha2 Gustice $+)+ 4attu and Gustice #an;ana Pra3ash 4esai2 as the9 then were+ h+ That in li:ht of the settin:0u. of a Co--ittee to .ro>e into alle:ations of se=ual harass-ent >9 the first intern a:ainst a retired ;ud:e of the Su.re-e Court2 the Petitioner on 'ove->er 352 25132 su>-itted an Affidavit0with0Anne=ures as a Co-.laint a:ainst #es.ondent 'o+ 12 containin: details of se=ual harass-ent that she faced >9 hi-2 addressed to the Chief Gustice of India+ i+ That The Co--ittee esta>lished >9 the Chief Gustice of India to conduct an enHuir9 into the co-.laint >9 the first intern2 on 4ece->er 52 25132 found that a prima facie case of se=ual harass-ent was esta>lished a:ainst Gustice A+8+ %an:ul9 (retired)+ "n the sa-e da92 that is2 4ece->er 52 25132 the !ull0Court of this $on(>le Court resolved that it would not entertain an9 co-.laint of se=ual harass-ent a:ainst retired ;ud:es2 while reco--endin: no further action as the accused .erson had de-itted office on the da9 of the co--ission of the offence+ ;+ That in li:ht of the decision of the !ull Court of this $on(>le Court2 the Affidavit0with0Anne=ures containin: the Co-.laint of the Petitioner ca-e to >e returned to her >9 the #e:istrar %eneral of this $on(>le Court in 4ece->er 2513+ 3+ That in Ganuar9 25112 news articles were .u>lished in various news.a.ers citin: the differential treat-ent in dealin: with the co-.laint of the first intern and the Petitioner+ l+ That on Ganuar9 152 25112 a news ite- written >9 the #es.ondent 'o+ 3 was .u>lished >9 the #es.ondent 'o+ 2 news.a.er statin: that another intern had -ade alle:ations a:ainst another ;ud:e of this $on(>le Court+ The sa-e evenin:2 the #es.ondent 'os+ 1 and B2 telecast news .ro:ra--es2 na-in: the Plaintiff as >ein: the ;ud:e a:ainst who- alle:ations of se=ual harass-ent were -ade+ -+ That on Ganuar9 112 25112 the #es.ondent 'o+ 22 .u>lished an article na-in: the #es.ondent 'o+ 1 as >ein: the ;ud:e a:ainst who- a co-.laint of se=ual harass-ent had >een -ade+ n+ $avin: >ein: returned her co-.laint >9 the #e:istrar %eneral of this $on(>le Court2 the Petitioner in Ganuar92 25112 filed a Irit Petition >efore this $on(>le Court2 under Article 32 of the Constitution2 >ein: I+P+ (C) 'o+ 15/25112 see3in: inter alia2 the settin:0u. a .er-anent -echanis- in this $on(>le Court to redress se=ual0 harass-ent at the wor3.lace for wo-en >9 all ;ud:es2 retired or occu.9in:0office+ o+ That >9 wa9 of an order dated Ganuar9 152 25112 this $on(>le Court was .leased to issue notice in I+P+ (C) 'o+ 15/2511 to all .arties to the said Irit Petition with res.ect to the settin: u. of a .er-anent -echanis- in this $on(>le Court to redress se=ual0harass-ent at the wor3.lace for wo-en >9 all ;ud:es2 retired or occu.9in:0office+ .+ That on the sa-e da92 that is2 the afternoon of Ganuar9 152 25112 un3nown to the Petitioner2 the #es.ondent 'o+ 1 -oved a suit2 >ein: C+S+ ("+S+) 'o+ 152/25112 >efore the $i:h Court of 4elhi2 inter-alia2 see3in: da-a:es on :rounds of defa-ation and a .er-anent and interi- in;unction order a:ainst all 4efendants arrai:ned therein2 includin: the Petitioner2 in res.ect of the alle:ed defa-ator9 i-.utations2 which flowed fro- the Affidavit0with0Anne=ures of the Petitioner sent to the Chief Gustice of India+ Alon: with the suit2 an interi- a..lication2 I+A+ 623 of 25112 was -oved (hereinafter Athe interi- a..lication()+ A true co.9 of the .laint in C+S+("S) 152/2511 dated 11+51+2511 filed >efore the $on(>le $i:h Court of 4elhi is anne=ed herewith and -ar3ed as A(()*+,) P-1 (./0)1 22 34 22). A true co.9 of I+A+ 623 of 2511 filed >9 the #es.ondent 'o+ 1 dated 11+51+2511 >efore the $on(>le $i:h Court of 4elhi is anne=ed herewith and -ar3ed as A(()*+,) P- 2 (./0)1 22 34 22).$owever the Petitioner did not 3now she had >een arrai:ned as a .art9 4efendant+ &nli3e the other 4efendants she had not >een issued an9 le:al notice .rior to the filin: of the suit and no le:al notice a>out the filin: of the suit and the IA 623 of 2511 for interi- reliefs+ H+ That on Ganuar9 152 25112 at around 3+55 .+-+2 the interi- a..lication under "rder ,,,I,2 rule 1 and 22 Code of Civil Procedure2 195C ca-e to >e heard ex- parte as a:ainst the Petitioner+ 'o .rior notice was served on the Petitioner+ The #es.ondent 'o+ 1 was re.resented >9 no less than 15 senior law9ers and 16 other law9ers for-all9 a..earin: for hi-+ The Petitioner has relia>l9 learnt that in actual fact he had a lar:e nu->er of law9ers in the Court at the hearin: such that the court was .ac3ed with his law9ers/su..orters+ The Petitioner is relia>l9 infor-ed that the Senior )aw9er for the #es.ondent 'o+ 1 was heard at len:th and was re.eatedl9 su..orted >9 the oral su>-issions of other senior law9ers re.resentin: the #es.ondent 'o+ 1+ The )d+ Sin:le Gud:e reserved the -atter for orders and directed that the 4efendant 'os+ 1 to 1 therein onl9 .u>lish/ telecast content relatin: to court orders till the .ronounce-ent of the interi- orders+ A true co.9 of the order dated 15+1+25112 .assed >9 the $on(>le $i:h Court of 4elhi in C+S+("S) 152/2511 is anne=ed herewith and -ar3ed as A(()*+,) P-3 (./0)1 22 34 22). r+ That on Ganuar9 1B2 25112The )d+ Sin:le Gud:e of the $i:h Court of 4elhi did not sit in the -ornin: in ".en0 Court+ At around 1+55 .+-+2 the )d+ Sin:le Gud:e was .leased to .ass an in;unction2 where>9 he2 restrained all 4efendants in the suit2 as well as those who were not -ade .arties or na-ed in the suit2 fro- .u>lishin:/telecastin: an9 infor-ation relatin: to the co-.laint of se=ual harass-ent -ade >9 the PetitionerJ directed that the9 re-ove the content held to >e offensive and further restrained all .ersons fro- .u>lishin: the .hoto:ra.h of the #es.ondent 'o+ 1 in an9 -anner which -a9 su::est his connection with the co-.laint of the Petitioner+ A true co.9 of the order dated 1B+51+2511 .assed >9 the $on(>le $i:h Court of 4elhi in C+S+("S) 152/2511 is anne=ed herewith and -ar3ed as A(()*+,) P-4 (./0)1 22 34 22). s+ That on !e>ruar9 212 25112 C+S+ ("S) 152/2511 was listed >efore the )d+ Sin:le Gud:e+ A:ain the #es.ondent 'o+ 1 was re.resented >9 B senior law9ers and 15 other law9ers+ The interi- orders were directed to continue+ A true co.9 of the order dated 21+52+2511 .assed >9 the $on(>le $i:h Court of 4elhi in C+S+("S) 152/2511 is anne=ed herewith and -ar3ed as A(()*+,) P- (./0)1 22 34 22). t+ That su>seHuentl92 after >ein: served with the suit .roceedin:s2 in *arch 25112 the Petitioner filed her written state-ent2 .leadin: ;ustification2 that is2 the truth of the aver-ents -ade in the Co-.laint su>-itted to the Chief Gustice of India+ A true co.9 of the written state-ent filed >9 the Petitioner in C+S+("S) 152/2511 is anne=ed herewith and -ar3ed as A(()*+,) P-5 (./0)1 22 34 22) u+ That on *a9 52 2511the Petitioner filed an a..lication under "rder ,,,I, #ule 12 see3in: the vacation of the interi- in;unction :ranted >9 the )d+ Sin:le Gud:e in C+S+ ("+S) 152 of 2511 on Ganuar9 1B2 2511+ "n the sa-e da92 the #es.ondent 'o+ 1 filed their re.lication to the written state-ent of the Petitioner+ The ne=t da92 on *a9 B2 25112 the Counsel for the Petitioner was served with two volu-es of additional docu-ents which were filed in the -atter at around 1+55 .+-+ v+ That on *a9 62 25112 C+S+ ("+S+) 152/2511 was listed >efore the )d+ Sin:le Gud:e of the 4elhi $i:h Court a:ain+ The #es.ondent 'o+ 1 was a:ain re.resented >9 6 senior law9ers and 11other law9ers+ The law9er a..earin: for the Petitioner sou:ht an ad;ourn-ent as she had ;ust >een served a co.9 of the re.lication and >een served with the fresh docu-ents which ran into hundreds of .a:es ;ust the da9 >efore at 1+55 .+-+ The senior law9er a..earin: for the #es.ondent 'o+ 5 also sou:ht an ad;ourn-ent >ecause he was not served with a co.9 of the written state-ent of the Petitioner+ The Petitioner has not >een served >9 the 4efendant 'o+ 1 with the co.9 of the written state-ents filed >9 other 4efendants+ 4es.ite an interi- in;unction o.eratin: a:ainst the 4efendant the law9ers a..earin: for the #es.ondent 'o+ 1 vehe-entl9 sou:ht to .roceed with the -atter+ w+ The )d+ Sin:le Gud:e ad;ourned the A..lication under " 39 # 1F 2 to *a9 152 2511+ A true co.9 of the order dated 6+5+2511 .assed >9 the $on(>le $i:h Court in C+S+("S) 152/2511 is anne=ed herewith and -ar3ed as A(()*+,) P-6 (./0)1 22 34 22). GROUNDS 3+ The Petitioner a..roaches this $on(>le Court for transfer of the a>ove-entioned suit2 C+S+ ("S) 152 of 2511 as .ra9ed for2 on the followin:2 a-on:st other2 :rounds which are ta3en without .re;udice to one another? A+ Because the Petitioner has a funda-ental ri:ht to a fair trial and :enuinel9 a..rehends that she will not :et fair trial in the 4elhi $i:h Court+ B+ Because the #es.ondent 'o+ 1 has >een a ;ud:e of the $i:h Court of 4elhi and on his own showin:2 after 23 9ears of .ractice in the 4elhi $i:h Court2 the #es.ondent 'o+ 1 was a ;ud:e of the Pun;a> and $ar9ana $i:h Court2 a ;ud:e of the 4elhi $i:h Court2 the Chief Gustice of the Bo->a9 $i:h Court and the ;ud:e of this $on(>le Court and at .resent he is the Chair.erson of the 'ational %reen Tri>unal+ 4urin: his ;udicial career he has o>viousl9 develo.ed :ood relations with his collea:ues2 .articularl9 the law9ers and ;ud:es+ The Senior Counsel re.resentin: hi- have all invaria>l9 a..eared >efore hi- either as a $i:h Court Gud:e or a Su.re-e Court Gud:e and in all .ro>a>ilit9 and .otentiall9 even >efore hi- as Chair of the %reen Tri>unal+ In the circu-stances2 the .etitioner reasona>ilit9 a..rehends that there is li3el9 to >e an institutional >ais o.eratin: in his favour+ It is not the su>-ission of the .etitioner that there will in fact >e a >ais2 >ut the law as laid down >9 this $on(>le Court is that ;ustice -ust not onl9 >e done >ut also >e seen to >e done+ C+ Because2 in contrast2 the Petitioner :raduated as a law9er in 2512 and is wor3in: in an '%" in Ban:alore for the last one and a half 9ears with no real connections to the le:al fraternit9 in India2 includin: in 4elhi+ The Petitioner is ho.elessl9 in a su>ordinate .osition qua the #es.ondent 'o+ 1 in the le:al >attle >etween the- in the 4elhi $i:h Court2 which is co-.letel9 uneHual+ 4+ Because the Plaint has >een carefull9 en:ineered to invo3e the influence of the #es.ondent 'o+ 12 in as -uch as it records that it has >een settled and Dre0 settledE >9 four senior law9ers of hi:h re.ute2 all of who- have >een desi:nated senior law9ers >9 the 4elhi $i:h Court de-onstratin: a show of stren:th and su..ort of the Senior advocates that he en;o9s+ + Because at the hearin: of the interi- A..lication on Ganuar9 152 25112 the #es.ondent 'o+ 1 was a>le to have at least 15 senior law9ers and 16 other law9ers for-all9 a..earin: for hi-+ The Petitioner has relia>l9 learnt that in actual fact he had a lar:e nu->er of law9ers in the Court at the hearin: such that the court was .ac3ed with his law9ers/su..orters+ This was done to show that the overwhel-in: -e->ers of the Bar were in his favour2 thus leadin: to a co-.lete i->alance of .ower >etween the Petitioner and the #es.ondent2 and -a3in: a fair trial i-.ossi>le+ !+ Because in contrast2 the Petitioner has learnt that the other 4efendants who a..eared at the hearin: were hard .ressed to secure a senior law9er till the last -o-ent to a..ear for the- as -ost of the- had alread9 >een retained >9 the #es.ondent 'o+ 1+ %+ Because even at the hearin:s on !e>ruar9 212 2511 and *a9 62 25112 the #es.ondent 'o+ 1 was for-all9 re.resented >9 6 senior law9ers and 11 other law9ers res.ectivel92 in a show of stren:th intended to overawe the Petitioner(s law9er and create the i-.ression that the #es.ondent 'o+1 has the su..ort of the entire >ar+ $+ Because on the other hand2 the Petitioner has contacted -an9 senior law9ers2 see3in: that the9 re.resent her in the suit >efore the 4elhi $i:h Court+ All of the- have refused to do so+ As result2 the Petitioner is faced with a ho.elessl9 one sided situation2 which is wholl9 loaded for one reason or the other in favour of the #es.ondent 'o+ 1+ I+ "n *a9 62 25112 when the suit was ta3en u. >9 the 4elhi $i:h Court2 the senior law9ers a..earin: on >ehalf of the #es.ondent 'o+ 1 sou:ht to overawe the law9ers for the 4efendant 'o+ 52 the Petitioner herein >9 vehe-entl9 o..osin: the reHuest for ad;ourn-ent even when the .re;udice was caused to the #es.ondent no+ 1 since there was an in;unction o.eratin: a:ainst the 4efendants+ G+ Because the Petitioner reasona>l9 a..rehends that she will not :at a fair trial in the 4elhi $i:h Court++ 8+ Because the a..rehensions of the Petitioner are >orne out >9 what trans.ired in the .resent suit and the -anner in which interi- order that was .assed e=0 .arte >9 the 4elhi $i:h Court on Ganuar9 152 2511+ )+ Because the Petitioner was neither served with a le:al notice .rior to filin: of the suit nor with the .a.ers and .roceedin:s in the suit2 >efore the Interi- A..lication was -oved on the Ganuar9 152 2511+ This is des.ite the fact that in a suit on defa-ation the 4efendant can .lead ;ustification (that is the truth of the alle:ations) as a defence2 in which case no interi- in;unction can >e :ranted+ That is the settled law in co--on law countries2 includin: n:land and India+ *+ The )earned Gud:e had a-.le ti-e to :ive notice to the Petitioner herein to ascertain her stand and if necessar9 to 3ee. the -atter the followin: da9 for ar:u-ents as is evident fro- the fact that the )earned Gud:e did not in fact sit in court and .assed/.ronounced the order onl9 around 1+55 .+-+ the ne=t da9+ '+ The .ur.ose of the notice to the .resent Petitioner was to o>viousl9 to ascertain her stand and if she .leaded ;ustification not to :rant the in;unction2 which is the settled le:al .osition >oth in n:land and in India+ "+ Because contrar9 to the le:al .osition2 the )earned Sin:le Gud:e >efore who- the Interi- A..lication was -oved in the said suit2 at the instance of the #es.ondent 'o+12 >9 wa9 of the order dated Ganuar9 1B2 25112 has erred in law and relied on the ;ud:-ent of this $on(>le Court in Sahara India #eal state Cor.oration )i-ited F"rs+ v+ Securities and =chan:e Board of India2 (2512) 15 SCC B532 which is on the issue of sub judice and conte-.t and has no >earin: to the law of defa-ation+ P+ Because2 further2 the )earned Sin:le Gud:e2 >9 wa9 of the order dated Ganuar9 1B2 25112 :ave orders >e9ond the .ra9ers2 which is i-.er-issi>le in a suit+ K+ Because the )earned Sin:le Gud:e2 >9 wa9 of the order dated Ganuar9 1B2 25112 co--ented on the dela9 in filin: the co-.laint to the Chief Gustice of India >9 the Petitioner2 and in effect co--ented on the -erits of the -atter which was not >efore it and in fact were su>0 ;udice >efore this $on(>le Court+ #+ B9 wa9 of the said order dated Ganuar9 1B2 25112 the )earned Sin:le Gud:e has :ranted an over0>road and swee.in: te-.orar9 in;unction order a:ainst unidentifia>le2 and ever9 conceiva>le2 .erson fro- re.ortin: on the su>;ect of the alle:ations directed a:ainst the Plaintiff+ The enhance-ent of the sco.e of in;unction orders to cover within it and >ind unidentified .ersons2 who have not2 on the date of see3in: relief for the alle:ed cause of action2 .artici.ated in :ivin: rise to the alle:ed cause of action2 is alien to suits relatin: to defa-ation+ S+ Because the entire effort of the #es.ondent 'o+ 1 is to overawe the Petitioner in her effort to see3 redressal of the se=ual harass-ent that she faced >9 the #es.ondent 'o+ 1+ T+ Because the entire at-os.here reHuired for a free and fair trail does not e=ist in the $i:h Court of 4elhi+ &+ Because2 in addition2 it is su>-itted that 4elhi is an inconvenient foru- for the Petitioner2 as she has no access to law9ers to .rovide her with adeHuate le:al re.resentation+ The Petitioner is livin: and wor3in: in Ban:alore and it would >e not ;ust >e inconvenient for her to attend the .roceedin:s of the trial in 4elhi2 >ut also threatenin: and inti-idatin: in which the #es.ondent is re.resented >9 22 law9ers includin: Senior )aw9ers+ 7+ Because it is i-.erative to transfer the case to a neutral venue2 even if it -a9 cause so-e inconvenience to the #es.ondent 'o+ 1+ I+ Because it is therefore in the interest of ;ustice to transfer the said suit to a neutral venue+ ,+ That the 4efendant resides in Ban:alore and since she has .leaded the ;ustification of the truth of the alle:ations in her affidavit2 she will >e the .ri-ar9 witness in the suit a:ainst her+ Considerin: that the >alance of .ower >etween the Plaintiff and her is so uneHual and considerin: that the Plaintiff is well0 networ3ed in 4elhi havin: re:ard to the factors -entioned hereina>ove the 4efendant has a>solutel9 no chance of eHual or near eHual le:al re.resentation in 4elhi and hence a fair trial will >e ;eo.ardiLed+ The .etitioner is e-.lo9ed in Ban:alore and has the su..ort of her friends and collea:ues in Ban:alore which said su..ort is critical for her to carr9 throu:h the liti:ation which is of a co-.le= nature and .ursue her co-.laint a:ainst the ;ud:e+ M+ 'otwithstandin: that the 4efendant is a Hualified law9er2 she has >arel9 .ut in a 9ear or two into her .ractice and is not a>le to -o>iliLe adeHuate and a..ro.riate le:al services at senior levels of re.resentation as co-.ared to the Plaintiff who is over BB 9ears of a:e2 >een a Chief Gustice of various $i:h Courts and a ;ud:e of this $on(>le Court and currentl9 holds the .osition of Chair.erson of the %reen Tri>unal+ These factors will ;eo.ardiLe a fair trial+ It is in the interest of .u>lic ;ustice that the suit >e transferred to Ban:alore+ @+ The overarchin: consideration for transfer of a suit under Article 139 A of the Constitution read with Section 25 of the Code of Civil Procedure is that the transfer is e=.edient for the ends of ;ustice+ $ence >ecause of the circu-stances of this case2 and havin: re:ard to the hu:e ineHualit9 in the >alance of .ower >etween the Petitioner and the #es.ondent 'o+ 1 transfer is e=.edient to -eet the ends of ;ustice+ AA+ The transfer is also e=.edient to -eet the ends of ;ustice for the reason that the #es.ondent 'o+1 has >een on his own showin: a distin:uished ;ud:e of the 4elhi $i:h Court2 the Chief Gustice of the Bo->a9 $i:h Court and a ;ud:e of the Su.re-e Court2 and now the Chair.erson of a ver9 i-.ortant Tri>unal na-el92 'ational %reen Tri>unal+ BB+ The a>ilit9 of the Petitioner to -o>iliLe the Bar of which he was a .art of the $i:h Court2 of which he was a si:nificant ;ud:e is also evident fro- the show of stren:th in the court on each date of hearin: which is intended to inti-idate 4efendant 'o+ 5 and or her le:al re.resentatives+ !urther havin: re:ard to the need for the 4efendant 'o+5 to su..ress her identit92 to .rotect her di:nit9 and well0>ein: she is una>le to enter the court roo- as all e9es will >e fi=ed on her leadin: to :reat e->arrass-ent and inti-idation+ CC+ That ;ustice in a court of law -ust not >e done >ut also >e seen to >e done and it cannot >e seen to >e done if the suit is tried in 'ew 4elhi+ 44+ That the Plaintiff have clai-ed a da-a:e of 5 crore a:ainst the 4efendant ;ointl9 or severall9 includin: 4efendant 'o+5 and considerin: that it is the Petitioner who is alle:ed to have -ade the defa-ator9 alle:ations which have >een .u>lished >9 the 4efendants 'o+1012 the 4efendant 'o+5 is in dan:er of >ein: held lia>le to .a9 co-.ensation of an a-ount wa9 >e9ond her -eans and hence the ;ustice of the situation de-ands that she is :iven an a..ro.riate o..ortunit9 to defend herself+ That on the other hand no .re;udice will >e caused to the Plaintiff if the suit is transferred to Ban:alore havin: re:ard to his enor-ous -eans and the a>ilit9 to -o>iliLe all -anner of su..ort includin: le:al su..ort+ + That for the assurance of a fair trial is an i-.erative of dis.ensation of ;ustice and the natural criteria for the court to decide whether a suit of the .resent nature should >e transferred is not onl9 that the assurance of i-.artialit9 >e :uaranteed >ut also that the a..earance of such i-.artialit9 >e :uaranteed and an9 violation of that assurance is a violation of Article 21 of the Constitution of India+ In the circu-stances2 there is a dan:er that that a..earance of i-.artialit9 in the -ind of a reasona>le .erson as also in the .u>lic -a9 not >e assurance is not availa>le to 4efendant 'o+5+ That the ends of ;ustice de-and that the .resent suit >e transferred >9 this $on(>le Court in e=ercise of its .owers under Section 25 of the Civil Procedure Code and or Article 1390A of the Constitution of India+ !!+ That in an9 event the Petitioner entertains a reasona>le a..rehension that ;ustice will not >e done havin: re:ard to the institutional .osition of the #es.ondent 'o+1 and the .osition which #es.ondent 'o+1 has occu.ied in the $i:h Court of 4elhi where several sittin: ;ud:es are 3nown to hi- .ersonall9 and where -an9 of the law9ers re.resentin: hi- are li3el9 to have a..eared >efore hi- in a ;udicial ca.acit9 >oth in the $i:h Court and in the Su.re-e Court and .otentiall9 and .ossi>l9 even now in the 'ational %reen Tri>unal+ That havin: re:ard to the circu-stance -entioned a>ove2 it can >e said that 4efendant 'o+5 entertains a reasona>le a..rehension that ;ustice will not >e seen to >e done+ As has >een well said on innu-era>le occasions that ;ustice is not onl9 to >e done >ut is also to >e see- to >e done+ %%+ That the Petitioner has a..roached several senior law9ers in 4elhi with the reHuest that her case in the suit >e .leaded pro bono >ut the reHuest has >een declined on various :rounds includin: that the #es.ondent 'o+1 has alread9 a..roached the- for su..ort2 assistance and advice and hence the9 are not in a .osition to re.resent her+ That the Petitioner has also filed a .etition a:ainst the #es.ondent 'o+1 >efore this $on(>le Court for an enHuir9 into the alle:ation of se=ual harass-ent a:ainst the #es.ondent 'o 12 and at that sta:e 2 she had a..roached several law9ers a..earin: in the Su.re-e Court of India and several of the- had declined on the :round that the #es.ondent 'o 1 had alread9 a..roached the-+ $$+ The Petitioner a..roached several senior counsels to re.resent her in the $i:h Court >ut all of who- declined statin: that the9 had alread9 >een a..roached >9 #es.ondent 'o+1 to re.resent the- in the Su.re-e Court and or on the :round that the9 have either or otherwise >een consulted >9 #es.ondent 'o+1+ The Petitioner su>-its that this is a well 3nown .ractice of disa>lin: seniors to re.resent an o..onent+ Si-ilar trends have >een o>served >9 the Petitioner >oth in her .etition in the Su.re-e Court and in the .resent suit+ All these factors create a reasona>le a..rehension in her -ind that ;ustice -a9 not >e and will not >e done+ II+ That the a..rehension of not :ettin: a fair trial and an i-.artial trial is reasona>le and not i-a:inar9 and hence the .resent suit is reHuired to >e transferred+ That it is i-.erative that ever9 ;ustice s9ste- -ust function i-.artiall9 and without an9 >ias and that reasona>le a..rehension that the9 -a9 not so function is sufficient :round to transfer the .resent suit+ GG+ That the contention of Petitioner who has -ade alle:ation of se=ual harass-ent a:ainst #es.ondent 'o+1 is of a serious nature and that also has to >e ta3en into consideration while decidin: the transfer of suit+ 88+ That free and fair dis.ensation of ;ustice is a co-.onent of Article 21 of the Constitution of India and an9 reasona>le a..rehension of >ias would sha3e the confidence of the :eneral .u>lic in the ;udiciar9 as a whole and seriousl9 under-ine the rule of law+ $ence the Huestion is not whether there will >e actual >ias in the dis.ensation of ;ustice >ut whether there is a reasona>le a..rehension of that there will >e a denial of fair trial in the -ind of .etitioner+ ))+ In the facts and circu-stances of the case2 the facts have created a reasona>le a..rehension in the -ind of Petitioner that there will >e a denial of fair trial+ **+ That the -anner in which docu-ents have >een tendered in Court2 is a -anner un3nown to law in as -uch as that no a..lication to further see3in: .er-ission for filin: additional docu-ent or showin: the relevance of the docu-ents was -ade+ At an interi- sta:e docu-ents have >een .er-itted to >e filed of a co-.letel9 irrelevant nature which s.ea3 a>out the .ersonal .references of the Petitioner ta3en fro- her >lo: and the issues and causes that she stood for havin: no relevance on the su>;ect -atter of the suit onl9 in an atte-.t to -ali:n her character and cause .re;udice to her+ ''+ That in an9 event the 4efendant would have a ri:ht to re-ain .resent durin: the ar:u-ents to :ive instructions to her law9ers or and the -anner in which the #es.ondent is re.resented >9 22 and -ore law9ers such a fair and un>iased trial is not .ossi>le which will ensure her di:nit9 and .rivac9+ ""+ That the .ara-ount consideration in decidin: an a..lication for transfer has to >e that .u>lic faith has to >e -aintained in the ;udiciar92 and :iven the stature2 and the institutional .osition that the #es.ondent occu.ied and continues to occu.9 and the :ravit9 of the alle:ations -ade >9 the Petitioner herein a:ainst hi- it is e=.edient that the trial >e transferred out of the $i:h Court of 4elhi+ PP+ The Petitioner(s reasona>le a..rehension that she will >e denied of a fair hearin: in the inti-idatin: at-os.here that .revails in the court0roo- on each date of hearin: havin: re:ard to the lar:e nu->er of law9ers who are .resent in the court in su..ort of the #es.ondent 'o+1+ KK+ That the .ossi>ilit9 of >ias -ust >e ;ud:ed >9 strict standards for the reason that the law attaches :reat i-.ortance not onl9 to whether ;ustice has >een done >ut also to the a..earance of i-.artialit9 >oth to the .art9 and to the co--unit9+ !ro- the .oint of view of .u>lic .olic92 the foundation for the strict standard which focuses on the a..earance of i-.artialit9 lies in the o>li:ation of the Court to defend the .urit9 of the ad-inistration of ;ustice and there>9 sustain the confidence of the .u>lic in the s9ste-+ ##+ That it is an a>idin: value of the constitutional s9ste- that the ad;udicator -ust >e free fro- >ias which reHuires this $on(>le Court to have a vi:ilant a..roach to the .ossi>ilit9 that the .arties or the .u>lic -a9 entertain reasona>le a..rehension that ad;udicator -a9 not >e >iased or i-.artial+ SS+ Article 11+1 of the International Covenant of Civil and Political #i:hts is to the effect Dall .ersons shall >e eHual >efore the Court and Tri>unalE+ In the deter-ination of cri-inal char:e or his ri:hts and o>li:ation in a suit at law+ ver9 one shall >e entitled to fair trial >9 a co-.etent2 inde.endent and i-.artial Tri>unal esta>lished >9 lawE+ TT+That fro- the .oint of view of .u>lic at lar:e the foundation of strict a..roach lies in the a..lication of Court to defend the .eriod of ad-inistration of ;ustice and there>9 ensure confidence in the s9ste-+
1+ The Petitioner states that no other .etition see3in: the sa-e or si-ilar relief has >een filed >9 the Petitioner either in this court or >efore an9 other court+ PRA"ER It is therefore -ost res.ectfull9 .ra9ed that this $on(>le Court -a9 >e :raciousl9 >e .leased to? a+ transfer the suit filed >9 the #es.ondent 'o+ 1 herein >ein: C+S+ ("+S) 152 of 2511 titled as ASwatanter 8u-ar versus The Indian =.ress )td+ and "rs+( .endin: >efore the $on(>le $i:h Court of 4elhi at 4elhi to the Cit9 Civil Court2 Ban:alore or to an9 other court of co-.etent ;urisdictionJ and >+ .ass such other and/or further order(s) and/or direction(s) as -a9 >e dee-ed ;ust and .ro.er in the facts and circu-stances of the case+ AND FOR THIS ACT OF $INDNESS THE PETITIONER SHALL EVER PRA" AS IN DUT" !OUND. Drawn and Filed By: Anindita Pujari Advocate for the Petitioner NEW DELHI DRAWN ON: 9.5.2014 FILED ON: 12.5.2014