ORDER Dwivedi. J. 1. The State or MP has moved these petitions for transfer of the following cases to another Sessions Division: (i) Misc. Cr. C. No, 721/75-for transfer of Cr. C. No. 239/75 under sections 147, 148, 149, 302, 332, 336, 337, 395, 436 and 34 of the I.P.C. (ii) Misc. Cr. C. No 722/75-for transfer of Cr. C. No. 305/75 under sections 147, 148, 395, 436 and 34 of the I.P.C. (iii) Misc. Cr. C. No. 723/75-for transfer of Cr. C. No. 279/75, u/s 395 I.P.C. (iv) Misc. Cr. C. No. 724/75-for transfer of Cr. C. No. 309/75 under sections 147, 148, 307, 536 and 355 of the I.P.C. (v) Misc. Cr. C. No. 725/75-for transfer of Cr. C. No. 239/75, under sections 147, 148, 149, 302, 336, 337, 395 and 34 of the I.P.C. (vi) Misc. Cr. C. No. 726/75-for transfer of Cr. C. No. 289/75, under sections 147, 149, 332, 353, 392 and 435 of the I.P.C. (vii) Misc. Cr. C. No. 727/75-for transfer of Cr. C. No. 366/75 under sections 147, 148, 307, 332, 395 and 34 of the I.P.C. All the aforesaid Criminal cases are pending before the Chief Judicial Magistrate, Balaghat. In these cases number of accused persons are involved. 2. Since these transfer petitions involve similar grounds for transfer, they are therefore, consolidated and order in Misc. Cr. C. No. 721/75 (State of M. P. v. Nandlal and others) shall govern the disposal of all the transfer petitions. 3. The State has moved these transfer petitions on the following grounds: (1) These cases arise out of the incident dated 20-2-1975 at Balaghat wherein two Sub Inspectors and a constable lost their lives due to severe burns in the arson and rioting. said to been committed by the accused persons. The seriousness of the offences is revealed by the acts and commissions of various unlawful acts alleged to have been committed by the accused persons who belong not only to the ordinary class of citizens, but persons of high status and carrying influence in the public in general. Highest officers of the district, i.e. Collector and Superintendent of police were assaulted, manhandled and insulted the nature of which has never occurred in the history of M P.. The administration was humiliated to the extent that there was no law and order in the city and hooliganism swept ovsr Balaghat town. Highest officers of the district, i.e. Collector and Superintendent of police were assaulted, manhandled and insulted the nature of which has never occurred in the history of M P.. The administration was humiliated to the extent that there was no law and order in the city and hooliganism swept ovsr Balaghat town. (ii) The accused persons being in large number practically affect large number of families in Balaghat town who are out to see that the cases end in fiasco. The atmosphere of Balaghat town and district is not favourable for holding these trials which will ultimately affect the proper administration of justice. The general atmosphere is so much surcharged that even the constables and other officers are likely to be prevailed upon by the relations and friends of the accused to change their version which will ultimately affect the proper trial. (iii) The students are still agitating for release of the accused and also for withdrawal of the cases as will be clear from the hand bills issued and distributed in Balaghat and Balaghat district. (iv) The incident arose because of the death of one Lokesh Mehra in police custody. The police administration will find it difficult to control effectiuely any serious law and order situation in the background narrated above. The administration is very much vigilant, but at the same time. if any law and order situation crops up the present trials would not be completed peacefully. (v) Two of the Advocates are practising lawyers and sympathy of the Balaghat Bar is there, Government Advocate Shri Rajendra Shukla is also finding it difficult as his nephew is a witness in the case and father of the witness is a defence counsel. (vi) Looking to the seriousness of the case, the number and nature of the accused and non-availability of suitable counsel the State prays that the cases be transferred to some other Sessions Division. (vii) Transfer of the cases is sought on the ground that a fair and impartial trial cannot be held in any Criminal Court in Balaghat district. 4. The transfer petitions are supported by the affidavit of Shri Ramlal Verma, Superintendent of Police, Balaghat. 5. On behalf of the accused persons, Ramswaroop Shukla, Kankar, Dharamchand Mutha, Madangopal Chourasia, Talvindersingh and Buddhoolal have filed a written statement dated 23-7-1975. 4. The transfer petitions are supported by the affidavit of Shri Ramlal Verma, Superintendent of Police, Balaghat. 5. On behalf of the accused persons, Ramswaroop Shukla, Kankar, Dharamchand Mutha, Madangopal Chourasia, Talvindersingh and Buddhoolal have filed a written statement dated 23-7-1975. There is another written statement dated 14-7-1975 filed on behalf or Mohan Chowdhary, Makhan, Afzal Beg, Chironji, Rasool Beg. Abdul Jabbar, Baba and Shantilal. Though this statement is said to have been filed by ten accused, there are signatures of only eight persons. 6. Besides this, there are written statements of Subodhkumar, Inderchand Jain, Badriprasad Tiwari. Rajkumar Raizada and 37 others including Dwarka Prasad. Vakilchand Pyarelal Ahmad, Mahendrakumar Nema, Ashok Dube, Deepchand, Madhuker, Triloksingh, Santoshkumar Tiwari, Khoobchand, Ganesh Mehtab, Jhamman and others. There are also affidavits of Mandanlal, Trilokchand. Vakilchand, Girdhari, Isharchand, Shyamsunder, Baldeoprasad and Naharulal. 7. All the accused persons have denied the allegations urged by the State for transfer of those cases from the Balaghat Sessions Division. 8. Thereafter, on 24-10-1975, the State filed an affidavit of Shri A.B. Singh, Collector Balaghat. In the affidavit, he has stated that the situation prevailing in Balaghat District still remains the same. Tension in the minds of the people of Balaghat as regards the incident of 20-2-1975 is still prevailing and law and order situation can explode at any time. He further stated in his affidavit that the prosecution witnesses may be prevailed upon by the relations of the accused and may hesitate to come out with the whole truth during an open trial at Balaghat. He was of the view that holding of the trial at Balaghat will not be helpful to maintain peace and conduct of fair and impartial trial. 9. On behalf of the State, pamphlets have been filed in which demand for release of student leaders, demand for judicial enquiry and demand for an enquiry regarding the killings of the police officials and firing at innocent people have been made In another pamphlet there is a mention that till the conclusion of Judicial enquiry no case should be put up in any Court. In these pamphlets, it is mentioned that if the demands are not conceded, representatives of the students would meet the Collector and present a memorandum to him and if by the end of 30th April, they did not get any reply, they would proceed on hunger strike. 10. In these pamphlets, it is mentioned that if the demands are not conceded, representatives of the students would meet the Collector and present a memorandum to him and if by the end of 30th April, they did not get any reply, they would proceed on hunger strike. 10. The accused non-applicants admitted that Cr. Cases Nos. 239, 279, 289, 305, 307. 309 and 366 of 1975 are pending against them in the Court of Chief Judicial Magistrate Balagbat It is also admitted that on 20-2-I975, two sub Inspectors and one constable lost their fifes. It is, however, denied that the accused persons were of very high status or were carrying influence in the public in general. It is denied that the atmosphere in Balaghat town or Balaghat district is not suitable for holding the trial of these cases or that it will, in any way affect proper administration of justice. They alleged that after the incident public or the leaders have shown no sympathy with the accused persons They alleged that the prosecution wants to influence the prosecution witnesses to testify to a false story which is only possible if the cases are transferred. Accused persons, only eighty five in number, could have no influence over the town having a population of thousands, It is, however, admitted that one of the accused, i.e. Ramswaroop Shukla, is a practising lawyer. They alleged that the situation of Balaghat District is quite peaceful. They admitted that Ramswaroop Shukla and D.C, Mutha are members of the Bar. They alleged that the Bar has sympathy with prosecution witnesses Arun Shukla and Jagdish Tiwari. Only ten Advocates from Balaghat have accepted the briefs of the above accused persons. They contended that transfer of these cases from Balaghat will cause great harassment to them and they will be deprived of making proper defence in the Court of law. They alleged that their financial position is not such that they would be able to engage Advocates at a different place. They, therefore, asserted that the trial at Balaghat will tend to the general convenience of the accused persons and witnesses and hence these applications deserve to be rejected. The replies and affidavits are more or less on similar lines. 11. I have heard Shri M.V. Tamasker Advocate for the State and Shri S.C. Dutt Advocate for the non-applicants Shri Dutt opposed the transfer of the cases. The replies and affidavits are more or less on similar lines. 11. I have heard Shri M.V. Tamasker Advocate for the State and Shri S.C. Dutt Advocate for the non-applicants Shri Dutt opposed the transfer of the cases. I am of the view that the transfer petitions, for the reasons hereinafter stated, deserve to be allowed; 12. During the course of arguments, Shri Tamasker made it clear that the state has not moved these petitions because of any allegation of bias or unfair trial at the hands of the Magistrates or Judges at Balaghat, But they are moved merely on the ground that the atmosphere in Balaghat district is not calm and quiet which is essential for a fair and impartial judicial trial I have therefore, to see if the atmosphere in Balaghat district is calm and quiet or is otherwise which may not be conducive to a fair and impartial judicial-trial. 13. Before I discuss the contentions on behalf of the state, it will be essential to state the law. The following things should be observed in the conduct of judicial proceedings :(a) One important object at all events is to clear away everything which might engender suspicion and distrust of the tribunal and so to promote the feeling of confidence in the administration of justice which is so essential to social order and security. (b) The law, in laying down this strict rule has regard not so much perhaps to the motives which might be supposed to bias the Judge as to the susceptibilities of the litigant parties. (c) It is of fundamental importance that justice should not only be done. but should manifestly and undoubtedly be seen to be done. (d) Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice. 14. In Baikal v. Jaradu 1965 JLJ SN 63. it is observed as under . "It is also well settled that a mere allegation that the applicant would not get a fair trial cannot be taken into consideration. 14. In Baikal v. Jaradu 1965 JLJ SN 63. it is observed as under . "It is also well settled that a mere allegation that the applicant would not get a fair trial cannot be taken into consideration. It must be shown that circumstances exist or events have occurred or there is anything in the conduct or utterance of the trial Court which though susceptible of explanation, are calculated to create in the mind of the applicant a reasonable apprehension that he would not get a fair and impartial trial, although the High Court may not itself be of the opinion that an impartial trial cannot be had. It is the state of mind of the petitioner which has to be considered and not the impressions produced in the mind of the Judge of the Court which is called upon to adjudicate upon the merits of transfer petition and that abstract reasonableness is not made the standard. 15. In Raghuwar v State 1962 JLJ SN 274, it is observed as under : "The High Court should not when considering an application for transfer be guided by the impressions produced in its mind by perusing the record, but must look to the effect likely to be produced in the minds of the parties. The state of mind of the accused is the main consideration the test of reasonableness should not leave out of account the degree of intelligence of the accused or of the persons belonging to that strata of society and the level of culture to which the accused belongs. 16. In Gurucharan Dass v. State of Rajasthan AIR 1966 SC 1418 . it is observed as under” “A case is transferred if there is a reasonable apprehension on the part of a party to a case that justice will not be done. A petitioner is not required to demonstrate that justice will inevitably fail. He is entitled to a transfer if he shows circumstances from which it can be inferred that he entertains an apprehension and that it is reasonable in the circumstances alleged. It is one of the principles of the administration of justice that justice should not only be done but it should be seen to be done. However, a mere allegation that there is apprehension that justice will not be done in a given case does not suffice. It is one of the principles of the administration of justice that justice should not only be done but it should be seen to be done. However, a mere allegation that there is apprehension that justice will not be done in a given case does not suffice. The Court has further to see whether the apprehension is reasonable or not. To judge of the reasonableness of the apprehension, the state of the mind at the person who entertains the apprehension is no doubt relevant, but that is not all. The apprehension must not only be entertained, but must appear to the Court to be a reasonable apprehension". 17. The tension in the atmosphere could be made ground if the following situation as discussed in G.K. Fradcis v. Banke Bihari Singh AIR 1958 SC 309 was present : "Public confidence in the fairness of a trial held in such an atmosphere would be seriously undermined, particularly among reasonable Christians all over India not because the Judge was unfair or biased, but because the machinery of justice is not geared to work in the midst of such conditions. The calm detached atmosphere of a fair and impartial judicial trial would be wanting and even if justice were done, it would not be 'seen to be done'." 18. In the ruling cited (Supra), it was observed as under : "We desire to emphasise that we are taking this step because what would otherwise be a petty defamation case, has been magnified by the complainant and by local passion into a communal conflict in which large sections of the local population appear to be ranged on one side or the other, and the words that are bandied back and forth are not aimed at this individual or that but are by one community against another." 19. This is a transfer petition on behalf of the State. Normally transfer petitions at the instance of State are not moved and it is only in exceptional cases that a move for transfer on behalf of the State has to be considered. In State v. Ram Sia and others AIR 1950 All 727 . has been observed as under;- "A transfer application on behalf of the State stands on a some what different footing from that of a private complainant or an accused person. In State v. Ram Sia and others AIR 1950 All 727 . has been observed as under;- "A transfer application on behalf of the State stands on a some what different footing from that of a private complainant or an accused person. Before a transfer application is presented on behalf of the State, It in not unreasonable to assume that care is taken on the part of the department responsible for law and order that there is substance is the allegations on which the transfer application is based. What may disturb the equanimity of mind of an ordinary villager is not likely to disturb the trained mind of men who have to deal with State matters. The State is represented in all trial by experienced counsel in all the district sand they bring to bear upon their work an intelligent mind. The question therefore, which the High Court has to ask in such transfer application is whether a trained mind could reasonably entertain an apprehension that the party it is representing is not likely to have a fair trial before a particular Sessions Judge." 20. It was contended that State could not be said to be a party interested in moving transfer petitions. In this respect, it will suffice to mention that State is prosecuting these cases and in the following cases, reports have been lodged by Government servants. (i) Cr. C. No 279/75 : FIR by Sub Inspector R.P. Tiwari recorded on the basis of a written report by constable Indrapal Singh Yadav, No. 117. (ii) Cr. C. No. 289/75 ; FIR lodged by Head Constable Sheshmani Singh. (iii) Cr. C. No. 366/75: FIR lodged by constable Devnarayan, No. 204; (iv) Cr. C. No. 306/75 ; FIR lodged by Head constable Satyanarayan. (v) Cr. C. No. 309/75 : FIR lodged by Shri Krishna Chandra Dube, Collector. Balaghat. (vi) Cr. C. No. 305/75 : FIR lodged by Constable Shaligram, No. 46. In the circumstances, the state is an interested party. 21. Shri Dutt. Advocate for the non-applicants, contended that the State has filed affidavits of the Superintendent of Police and later on of the present Collector. In State of Uttar Pradesh v. Ram Bahadur Singh AIR 1957 All 278 . C. No. 305/75 : FIR lodged by Constable Shaligram, No. 46. In the circumstances, the state is an interested party. 21. Shri Dutt. Advocate for the non-applicants, contended that the State has filed affidavits of the Superintendent of Police and later on of the present Collector. In State of Uttar Pradesh v. Ram Bahadur Singh AIR 1957 All 278 . it has been observed that State should not utilise the services of a police officer for purposes of swearing affidavits Such a procedure is calculated to affect the prestige as also the independence of judiciary. It has also been observed that the affidavits should be of the rank of Secretary or Joint Secretary which would be the proper persons to make any statement on behalf of the State. Such a competent person would be the right person to swear affidavits in connection with the matters which relate to the intention or mind of the State. 22. In this case, so far as the affidavit of the Superintendent of Police is concerned, it has to be ignored and I agree with the observations made in the above ruling. But regarding the affidavit of the District Magistrate that has to be taken into consideration because he is the Head of the District Administration and would be a competent person to state about the condition prevailing in his district. If the affidavit of the Secretary of the Joint Secretary was required, they would have gathered information from the District Magistrate and they themselves would have no personal knowledge about the situation prevailing in the district. In the circumstances of the case, the affidavit of the District Magistrate can be acted upon. 23. In the affidavit filed on behalf of the District Magistrate Balaghat, the District Magistrate has sworn to the following circumstances : (i) The situation prevailing in Balaghat district still remains the same. The tension in the minds of the people of Balaghat as regards the incident dated 20-2-1975 is still prevailing and law and order situation can explode at any time. (ii) However, emotional involvement of the public with regard to the case remains the same. (iii) Prosecution witnesses may be prevailed upon by the relations of the accused and they may hesitate to come out with the whole truth during an open trial at Balaghat. (ii) However, emotional involvement of the public with regard to the case remains the same. (iii) Prosecution witnesses may be prevailed upon by the relations of the accused and they may hesitate to come out with the whole truth during an open trial at Balaghat. (iv) I am still of the opinion that the trial of the cases, if held at Balaghat in the circumstances of the case, will not be helpful to maintain peace and conduct of fair and impartial trial. 24. These are cases which arise out of the incident dated 20-2-1975 at Balaghat where two Sub Inspectors and a constable lost their lives due to severe burns in the arson and rioting alleged to have been committed by number of persons. It is alleged that the Collector and Superintendent of Police were assaulted, manhandled and insulted, the nature of which has never occurred in the history of Madhya Pradesh. It appears that the Collector and Superintendent of Police and other Government servants will be witnesses in the case. The nephew of Government Advocate, Shri Rajendra Shukla, is a witness for the prosecution and father of this witness is a defence counsel. 25. It will be essential to refer to the affidavits filed on behalf of the non applicants. The reply of Nandlal and six others is as under :- 'The non-applicants submit that if a proper judicial probe is made it will certainly reveal that for the alleged incident dated 20-2-1975, in fact the top officers like Collector and Superintendent of Police with their large number of subordinate officers and police force. were criminally responsible.........Because the minds hearts and hands of these top officers were not clean, they could not judge the sudden rage of the public and behaved like dummies which resulted in this sad incident. It may be noted that in spite of this, these two non-applicants were ill-treated by the investigating agency, they were not classified in jail by the criminal Courts of Balaghat, they were not allowed to see their relations and threats in jail and other several calamities had fallen on these two persons It is humbly submitted that maintenance of law and order in a particular district is the duty of the District Magistrate (Collector). The District Magistrate (Collector) of Balaghat is the Head of the administration and representative of the State Government and has filed no affidavit in support of the application." 26. In this connection, para 9 of the reply of Subodhkumar son of Ishwarchandra may be seen. In this para, distribution of pamphlets has not been totally denied. It is, however stated that in these pamphlets demand for justice and for enquiry was made which means that the public of Balaghat wants justice. The reply of Inderchand and Badriprasad Tiwari in para 6 shows that two practising Advocates are accused in these cases. In para 9, it is mentioned that the whole administration is interested in prosecution of the accused persons rather than fair and impartial trial of the cases; glaring example of this is non-prosecution of Government servants responsible for the murder of Lokesh Mehra in police custody. The reply further shows that there are three women who have been made accused and members from seventy families have been made accused. 27. Reference may be made to the pamphlets attached with the application of the State. This shows that one of the student leaders. Ramswaroop Shukla, is a principal accused and that the police officers responsible for the deaths of the persons are not being prosecuted. A demand for judicial enquiry was made which was termed as very essential Demand for the release of the, student leaders, for judicial enquiry and for prosecution of the police officers responsible for firing was made. It was also mentioned that fifty students would give a memorandum to the Collector and in case their demands were not conceded, hunger strike for indefinite period would be undertaken. 28. There is another pamphlet in which it is mentioned that till a judicial enquiry is concluded, cases in Court should not be launched. It was mentioned that if the Collector did not give replies to these demands, there would be indefinite hunger strike. 29. It will also be essential to have a picture of the incident. One person died in police lock up. Therefore, a ministerial enquiry was ordered by the Collector Balaghat. A crowd gathered which was very excited. On this, the Collector and the Superintendent of Police reached the place of incident. There were about two thousand persons collected there. The people were raising slogans against the police. One person died in police lock up. Therefore, a ministerial enquiry was ordered by the Collector Balaghat. A crowd gathered which was very excited. On this, the Collector and the Superintendent of Police reached the place of incident. There were about two thousand persons collected there. The people were raising slogans against the police. Thereafter the crowd came to the police station which included two Advocates On the demand of the public, two constables were suspended and were shown to the public in handcuffs. Then the crowd demanded handing over of the sub Inspector to then, otherwise they expressed that they would set fire to the police station. The Collector was manhandled. One of the persons had a sword in his hand. Thereafter the incident of arson also took place. 30. The above facts indicated that a very serious incident took place in Balaghat in which the Collector the Superintendent of Police and police officials were manhandled then arson took place and deaths of two sub Inspectors and one constable took place because of serious burns in the arson. The facts, therefore, disclosed a serious situation of lawlessness over which the public was highly agitated and about which the public not only demanded judicial enquiry, but also threatened a hunger strike. The District Magistrate Balaghat still feels on the affidavit that situation in Balaghat is still tense and the atmosphere is not calm and is not conducive to a fair and impartial trial. It will be seen that number of families of Balaghat city are involved in these cases. Two Advocates and student leaders are also accused persons. In the circumstances, I feel that the situation in Balaghat city is not calm for an impartial trial. 31. The replies of the accused persons show that transfer of the cases will put them to harassment and expenses But it will be seen that the paramount consideration should be a fair and impartial judicial trial in the present situation. In order to avoid harassment and other difficulties to the accused persons, care should be taken that the cases are not transferred to Courts which are far away from Balaghat. In my opinion, the criminal cases and Sessions Trials, if the cases result in committal, should be held at a place which is not far off from Balaghat. In order to avoid harassment and other difficulties to the accused persons, care should be taken that the cases are not transferred to Courts which are far away from Balaghat. In my opinion, the criminal cases and Sessions Trials, if the cases result in committal, should be held at a place which is not far off from Balaghat. I rely on the affidavit of the District Magistrate Balaghat who is in charge of law and order situation of the district and take into account the seriousness of the incident; the serious repercussions it created in the city, the tension it created in the public, the demand for judicial enquiry and threats for indefinite hunger strike, coupled with the demand' that cases should not be starred without judicial enquiry, the two Advocates being amongst the accused persons, all indicated that the situation in Balaghat is not conducive to a fair and impartial trial. 32. It may be mentioned that this Court had ordered transfer of the trial known as 'Doctor Kak Murder Case'. This was Misc. Cr. Case No. 523/68, Dr. D.P. Rohan and others v. State of M.P. In this case, a town Inspector of police was an accused and there was commotion amongst the students that he wrongly asserted that death of the doctor was due to accidental fall. That case has received wide publicity through certain newspapers. Because of these facts, the Court felt that there was commotion and tension. In our case, the cases reflected good deal of tension amongst the public at large and the administration and the facts stated above indicated that the atmosphere in the city is not conducive to a fair and impartial trial. On behalf of the accused persons, reliance was placed on Misc. Cr. Case No. 496/74 (Jagdish Singh and others v State of M.P.). The facts of this case are not on par with the facts of the present case. In the circumstances, the observations in Misc. Cr. Case No. 496/16 are not helpful to the non-applicants. 33. As observed above, the transfer of the cases is not claimed on the ground of any kind of allegations or bias or impartiality on the part of the Magistrate or Judges in Balaghat. The transfer is sought only on the ground of lack of calm and quiet atmosphere in the city of Balaghat. 33. As observed above, the transfer of the cases is not claimed on the ground of any kind of allegations or bias or impartiality on the part of the Magistrate or Judges in Balaghat. The transfer is sought only on the ground of lack of calm and quiet atmosphere in the city of Balaghat. I am, therefore, of the view that calm and detached atmosphere necessary for a fair and impartial judicial trial, would be wanting if the cases and Sessions Trials are conducted at Balaghat. In the circumstances, the transfer petitions deserve to be allowed. But in order to avoid inconvenience and harassment to the accused persons, the trials have to be transferred to a Sessions Division which is near to Balaghat district. In my opinion Seoni Sessions Division will be the proper Sessions Division where these cases should be transferred. 34. In the circumstances, Misc. Cr. Cases Nos. 721/75, 722/75, 723/75, 724/75, 725/75, 726/75 and 727/75 are allowed. It is directed that Cr. Cases Nos. 239/75, 305/75, 279/75, 309/75, 366/75, 289/ 5; and 306/75 shall stand transferred to Seoni Sessions Division both for committal proceedings and resultant Sessions Trials.