The Punjab and Haryana High Court has said that when local lawyers refuse to take up a case—especially when the accused is a fellow lawyer—it harms a person’s basic right to a fair trial. Justice Harpreet Singh Brar explained that such situations may be a valid reason to shift the case to another court.
The judge noted that if a person cannot get a lawyer because of pressure or fear—especially in a hostile atmosphere—it affects their right to justice. This can be a reason to transfer the case under the new law, Section 447 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 407 of the CrPC).
In a detailed order, Justice Brar said that when someone cannot get proper legal help because of pressure from the other side—particularly if the accused is a lawyer practicing in the same court—it strikes at the heart of a fair trial. The judge then ordered the case to be moved from Amritsar to Hoshiarpur.
The court also referred to the Supreme Court’s ruling in the Zahira Sheikh vs. State of Gujarat case, which said that justice requires a neutral atmosphere where people can participate freely and get competent legal aid.
This ruling came on a petition to transfer a case involving a fake will and forgery, based on an FIR filed in 2018. The petitioner said that since the accused includes local lawyers, no lawyer in that area is ready to represent him.
Before concluding, the court directed that both the trial and a related bail application be transferred from Amritsar to Hoshiarpur.