Court denies case transfer due to counsel-judge relationship, reiterates impartiality, clarifies transfer criteria.

The High Court rejected a request to transfer a case based on the relationship between counsel and the judge's father. The court emphasized that professional relationships, like being chamber juniors, are not sufficient grounds for transfer. It highlighted the importance of judges hearing cases impartially and recusing only in cases of direct conflicts of interest. The decision clarifies the circumstances warranting case transfers and upholds the integrity and impartiality of the judicial process.

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Issues:
1. Transfer of case based on relationship between counsel and judge.

Analysis:
The judgment revolves around the issue of whether a case should be transferred due to the relationship between the counsel and the judge. The Special Judge expressed difficulties in proceeding with a case due to the fact that the counsel, Ms. Gita Bista, was attached to the chambers of the Senior Advocate, who happened to be the judge's father. The judge referred to a Transfer Petition which outlined grounds for transferring cases between courts. The judge in the Transfer Petition had emphasized that a judge should hear every matter without bias and should recuse only when there is a direct conflict of interest involving family members or close relatives. The High Court analyzed the situation and concluded that the relationship between the counsel and the judge's father was not a sufficient ground for transferring the case. There were no allegations against the Special Judge, and none of the parties had requested the transfer. Therefore, the High Court rejected the request for transferring the case and ordered the copy of the decision to be sent to the Special Judge promptly, thereby disposing of the Transfer Petition.

This judgment highlights the importance of impartiality and the duty of a judge to hear cases without fear or favor. It emphasizes that mere professional relationships between counsel and judges, such as being chamber juniors, are not adequate grounds for transferring a case. The decision underscores the principle that a judge should only recuse when there is a direct conflict of interest or bias, involving family members, close relatives, or prior involvement in the case. The judgment provides clarity on the circumstances under which a case can be transferred and sets a precedent for maintaining the integrity and impartiality of the judicial process.

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