IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl B.A.No. D- 90 of 2018.

Date	Order with signature of Judge

Present.

MR.JUSTICE ABDUL RASOOL MEMON

MR.JUSTICE IRSHAD ALI SHAH.

For hearing of bail application.

17.04.2018.

Mr.Khalid Ahmed Maitlo Advocate for applicant.

Mr.Zulifqar Ali Jatoi Addl.P.G.

ORDER.

ABDUL RASOOL MEMON, J- Learned counsel for the applicant submits that applicant is in custody since 14.12.2017 and not a single witness has yet been examined as the trial Court is lying vacant since long. He further submits that he will be satisfied and would not press instant bail application if the Incharge Judge of the trial Court may be directed to proceed with the matter expeditiously and decide the matter at the earliest.

2. Learned Addl.P.G has placed on record a copy of an unreported order dated 09.05.2011 titled Bilal Zafar Farooqui v State passed in Crl.Transfer Application No.29 of 2011 by Mr.Justice Mushir Alam Honourable Chief Justice (as he then was) and submits that the Incharge Judge of trial Court can conduct the proceedings in cases so long ATC Judge within his jurisdiction is not available to perform and discharge his duties for any reasons including examination of witnesses and decide any application and other proceedings in accordance with Anti Terrorism Act, 1997 in all ATA cases.

3. We have gone through the aforesaid order of the then Honourable Chief Justice, which was circulated and in Paragraphs 13 and 14 of the order it has been observed as under:-

“13.In view of the foregoing discussion, learned Sessions Judges, who are appointed in terms of Subsection (5) or (7) of Section 14 of the ATA Act, 1997 are also directed to conduct proceeding in cases received under ATA Act 1997 strictly in accordance with Provisions of ATC Act, 1997, so long ATC Judges within his jurisdiction is not available to perform and discharge his duties for any reasons.

14.Let copy of this order be also circulated amongst all the learned Sessions Judges who have been appointed in terms of sub-section (5) of Section 15 of the ATA Act 1997 with directions to proceed with the cases, including examination of witnesses, decide any application and other proceedings in accordance with Anti Terrorism Act, 1997 in all ATA cases so long ATC Judges within their respective jurisdiction are not available to perform their duties.”

In view of above observation in above crl. transfer application, learned Sessions Judge, Khairpur, who is already appointed in terms of Sub-section (5) of Section 14 of the ATA Act 1997, to proceed with the matter and conclude the trial preferably within a period of 02 months.

JUDGE

Akber.