L.S. Raju vs State Of Mysore

Rewritten Version Notice: This is a rewritten version of the original judgment.

Court: Supreme Court of India

Case Number: Not extracted

Decision Date: 29 May 1952

Coram: Patanjali Sastri, B.K. Mukherjea

In the case titled L.S. Raju versus State of Mysore, which was decided on 29 May 1952, the Supreme Court of India recorded the observations of a bench consisting of the Chief Justice and Justice B.K. Mukherjea, with Patanjali Sastri serving as Chief Justice of the Court. The Court identified the matter as a straightforward instance warranting a transfer of the appeal. The petitioner, L.S. Raju, had been convicted of an attempt to murder through the poisoning of Mr. Medappa, who was then the Chief Justice of Mysore. The proceedings against the petitioner were initiated on the complaint lodged by Mr. Medappa. Because the alleged victim occupied the highest judicial office in the State, the trial attracted considerable local excitement and public attention. In response to the sensitivity of the case, a judge was specially brought down from Bombay to conduct the trial, although the appellate jurisdiction remained with the High Court of Mysore. Accordingly, the petitioner filed an appeal before that High Court but subsequently sought to have the appeal transferred to another High Court, expressing a fear that a fair and impartial hearing could not be obtained in Mysore where the complainant also presided over the court. The Court noted that such a concern constituted a serious ground for transfer. The Advocate-General of the State of Mysore did not oppose the request and left the decision entirely in the Court’s hands. Emphasising that a reputable system of justice must both appear to dispense justice and actually do so, the Court observed that the request for transfer did not reflect upon the independence or impartiality of the Mysore High Court judges. It concluded that, under the circumstances, the ends of justice required the appeal to be moved out of Mysore. Consequently, the Court ordered that the appeal be transferred to the High Court at Bombay for further disposal. The Court further directed that the necessary records be printed and that any preliminary matters be handled in accordance with the directions of the Bombay High Court.