The Delhi High Court issued guidelines for Principal District & Sessions Judges in the national capital regarding the handling of transfer applications.

Justice Swarana Kanta Sharma mandated that comments from the Judge, from whom the case is requested to be transferred due to alleged bias, must be obtained without exception.

The court stated that transfer applications must be decided after considering the judge's comments and evaluating them in light of the principles of real apprehension of bias.

“The other principles regarding the attending circumstances being considered will also be taken into consideration at the time of deciding such applications,” the court said.

Justice Swarana Kanta Sharma issued the order while overturning a trial court decision that had transferred the Bhushan Steel money laundering case from one judge to another. This transfer was initially prompted by an allegation from one of the accused, who claimed that the judge had made a comment suggesting, "ED matters me kaun si bail hoti hai?"

The court emphasized that the relationship between the staff and the judge must be regarded as confidential and should not be subjected to scrutiny by litigants or lawyers.

“This Court is also of the firm opinion that court proceedings of all Courts of law in India which are widely reported these days, including the Beautiful Banters Between Bar and Bench who share a Bond of Bonhomie, have to be safeguarded from any onslaught,” the court said.

The court further emphasized that permitting allegations based solely on overheard conversations between a judge and court staff, and subsequently transferring cases on such grounds, would compromise the dignity of the judiciary and jeopardize its integrity as a whole.

“Such apprehensions cannot be entertained in absence of any iota of evidence,” the court said while disposing of ED's plea against the transfer order.

The transfer application requesting the relocation of proceedings was submitted by accused Ajay S. Mittal. He asserted that while his bail plea was under consideration by the judge, his wife overheard the judge remarking, "lene do datein, ED matters me kaun si bail hoti hai," once the counsels had exited the courtroom.

Counsel for Petitioner: Mr. Zoheb Hossain, Special Counsel for ED with Mr. Kartik Sabharwal, Advocate

Counsel for Respondent: Mr. Sandeep Sethi & Mr. Mohit Mathur, Senior Advocates with Mr.Sanyam Khetarpal, Mr. Deepak Goel & Ms. Shreya, Advocates

Title: ED v. Ajay S Mittal