IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION
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 HON’BLE CHIEF JUSTICE OF INDIA AND
HIS HON’BLE COMPANION JUSTICES OF THE
HON’BLE 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