‘Judge not a mere spectator’: Kerala High Court refuses to transfer murder trial

The Kerala High Court has ruled against transferring a murder trial from one court to another, stating that a judge is not merely a spectator but an active participant in uncovering the truth. The court emphasized that the judge's role is to elicit the truth while maintaining neutrality and avoiding intimidating or coercing witnesses or parties.

The trial judge had rejected the accused's request to record witness testimony in a question-and-answer format, citing concerns about the witness's potential tutelage. However, the High Court reasoned that a party's preference for a particular method of evidence recording should not limit the judge's discretion. The court also dismissed the accused's claims that their counsel's objection to the trial judge's handling of the witness testimony had jeopardized their fair trial.