In a harsh worded detailed judgment, Justice C K Thakker and Justice Markandey Katju asked the High Court to provide reason before passing any judgement. The remarks were passed by the Bench regarding an appeal filed by one Kulwinder Kaur, whose husband Gurcharan Singh was murdered in Mohali.

The accused in the case had demanded transfer of case from Ropar to Chandigarh which was allowed by the High Court, which stated that it would be “appropriate” to transfer the suit. The counsel for the petitioner advocate Puneet Bali moved the Supreme Court alleging that the High Court did not go into the allegations and counter allegations raised by the two parties. “No reasons/grounds have been disclosed for taking such action in transferring the suit,” argued advocate Bali.

Disapproving the order passed by the High Court, the Supreme Court held “It is true that while making an order of transfer normally, the court may not enter into merits of matter as it may affect the final outcome of the proceedings or cause prejudice to one or the other side. At the same time, however, an order of transfer must reflect application of mind by the court and the circumstances which weighed in taking the action. The HC ought to have applied its mind to those aspects and prima facie satisfied as to the ground put forward by the petitioner in the transfer of application and ought to have passed an order one way or the other without entering into the controversy in the suit. The discretionary power of transfer of cases cannot be imprisoned within a strait-jacket of any cast iron formula unanimously applicable to all situations.”

The Supreme Court has also set aside the order of the HC and has directed it to decide the case afresh, without being influenced by the judgments of the Supreme Court.