Judge turns down plea to transfer case, says all courts overburdened

Stating that all sessions judges are equally burdened, Principal Pune District and Sessions Judge Anant Badar rejected an application that requested transfer of a sessions case to another court in order to expedite it.

A woman was arrested by the Farashkhana police in 2010 for allegedly forcing minor girls into prostitution. The trial has been pending before additional sessions judge V K Shewale since March 30, 2011 on the point of framing charges. As per the court's log, the trial will be held for framing of charges and has been postponed 10 times between April 15, 2011 and August 29, 2012. The next date of hearing is October 22.

While the woman is on bail, she submitted an application in September before the principal district and sessions judge requesting to expedite the case as she claims to be HIV positive. She prayed that the court of additional sessions judge where her sessions case is pending, is heavily burdened and therefore, the case be transferred to some other court for expeditious disposal.

But the court refused to transfer the case to any other court. "The other Sessions Court in Pune are also equally burdened and therefore, it cannot be said that there are some sessions courts in Pune having less workload enabling them to take up the case," the court order stated. It further added that she had not applied to expedite the case before the sessions judge concerned and that no reason was made out for transfer of this relatively new case. Thus judge Badar disposed of the application last week.

The woman was arrested by the social security team when they rescued two minor girls from a brothel in Budhwar Peth. She was arrested under Sections 328 (causing hurt by mean of poison), 344 (wrongful confinement for 10 or more days), 363 (punishment for kidnapping), 366 (forcing a minor girl into prostitution) read with Section 34 (acts done by several persons with common intention) and various others Sections of Immoral Trafficking (Prevention) Act, 1956.

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