M.Katju, J. - (1.) Heard learned counsel for the petitioner and the learned standing counsel.
(2.) The petitioner has challenged the impugned order dated 29.4.2003 (Annexure VIII to the writ petition). By the impugned order the State Government has directed that certain criminal cases against the petitioner be transferred under section 7 (4) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 from the Court of special Judge (Gangsters Act) Allahabad to the Court of Special Judge (Gangsters Act), Kanpur Nagar.
(3.) Learned counsel for the petitioner has challenged the impugned order relying upon a Full Bench decision of the Court in Ashok Kumar Dixit vs. State of U.P. and another 1987 (24) ACC 169 and has invited our attention to paragraph 64 and 65 of that decision it has been observed in paragraph 64 of that decision that the power under section 7 (4) to transfer cases is not unconstitutional. However, in paragraph 65 it has been observed that this power is exceptional in nature and cannot be exercised on mere humour, whims of fancies. The State Govt. will have to record reasons.;