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SWhat can one do if a magistrate is clearly biased against him/her and seems to have a tie-up with the opposite party? Defence has strong evidence proving their innocence, but it feels like the magistrate has already decided to convict. I know they can appeal in case if conviction, but is there any way to change the court or get a different judge before the verdict?
He’s a CJM.
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WFile an application before the district judge stating that you have lost faith in the presiding officer and would like to change.
Most likely it will get rejected and your case will go back to the same court, but it will buy some time. After this if you really want to drag it you can appeal the application in high court/supreme court. Your chances of success are slim, but by the time it’s decided judge may get transferred and in the interim period your trial would get stayed. -
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SWithout any evidence just assumptions won’t help in this, general remarks etc made by the judge won’t help, once the judgement comes you may file an appeal in higher courts.
If you file an application against the present judge you will have to prove concrete conflict of interest or any relationship with other party, then the judge maybe changed.
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SI am asking this for one of my close relative. The problem is he’s stuck here for the case, lost his job, it’s still in the evidence stage and the whole appeal process is going to atleast take 2 more years.
Additionally his bank accounts are freezed for this case so he’s not going for quashing.
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SHe may file separate Petition for interim relief, these things mostly depend on case to case basis.
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