ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Transfer App. No. S – 98 of 2019

Date of hearing

Order with signature of Judge

1. For orders on MA No.4851/2019

2. For hearing of main case

22.11.2019

Applicant Abdul Ghaffar, present in person.

Mr. Abdul Raheem Mahar, Advocate holding brief on behalf of Mr. Shafi Muhammad Bango, Advocate for respondent No.2.

Mr. Zulfiqar Ali Jatoi, Additional Prosecutor General.

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Applicant Abdul Ghaffar seeks transfer of Sessions Case No.449 of 2017 pending before learned Additional Sessions Judge, Gambat to some other Court mainly on the ground that applicant apprehends that he would not get fair and impartial justice at the hands of the Presiding Officer. It is further stated in the Transfer Application that applicant / accused has seen complainant visiting the chamber of learned Additional Sessions Judge, Gambat.

Mr. Zulfiqar Ali Jatoi, Additional P.G submits that date and time of the visit of the complainant in the chamber of the Presiding Officer have not been mentioned and allegations are not substantiated by some material. Comments of the Presiding Officer are available on the record, in which it is mentioned that allegations levelled against the Presiding Officer are false.

Applicant / accused Abdul Ghaffar has been heard at length. He could not substantiate the allegations against the Presiding Officer. Mere allegation that he has seen complainant in the chamber of the Presiding Officer without material is not sufficient. Transfer of a case from one Court to another indirectly casts doubt on the competence and integrity of the Judge from whom the case is sought to be transferred. Mere presumptions or possible apprehension are not sufficient. Only good and sufficient grounds clearly set out in transfer application may justify the transfer of the case. The law is well settled that a litigant cannot choose a Judge / Court of his choice. In the present Transfer Application, there is allegation against Presiding Officer but without material / evidence. Alleged impropriety attributed to the Judge having been duly explained in the comments. No ground for transfer of the case is made out. Transfer Application is dismissed.

J U D G E

Abdul Basit