'Bias' Row Rocks Tis Hazari Court, Proceedings Stayed in Two Criminal Cases

Delhi Tis Hazari Court on Tuesday has stayed the proceedings in two criminal complaint cases pending before a judicial magistrate after petitions were moved seeking transfer of cases alleging bias and procedural irregularities.Principal District and Sessions Judge Vijay Kumar Dahiya passed the order on two transfer petitions filed in two complaint cases.The court also issued notice on the petitions and also called for comments from the presiding officer in a sealed cover on the next date of hearing noting that, “there are allegations of bias against the Ld. Presiding Officer.”The order states that the record disclosed allegations of bias against the concerned presiding officer. Referring to a Delhi High Court judgment in Directorate of Enforcement

v. Ajay S. Mittal dated May 28, 2024, the court directed that comments of the concerned presiding officer be called for in a sealed cover and that a copy of the transfer petition be sent to the officer concerned.One of the petitions had been moved by Amit Saraogi, accused in the case titled Advik Capital Ltd vs. Fairplan Distributors Pvt Ltd and Ors. while the other was moved by one Dayanand Ray in the case titled Rajesh Kumar Kaushik vs Vipin Sharma and Ors. The transfer petition filed by Dayanand Ray seeks transfer of the case under section 448 of the Bhartiya Nagrik Suraksha Sanhita (BNSS) from the court of JMFC-01 to another court of competent jurisdiction within the district.The court has now listed the matter for further hearing on July 31 when the presiding officer is expected to give response as sought by the court.