ORDER SHEET
Cr. Transfer Application No.18 of 2009
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Order with signature of Judge
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For Katcha Peshi.
11.05.2009.
M/s. Raja Qureshi and Muhammad Riaz Abbasi, advocates for the Applicants.
Mr. Haji Abdul Majeed, advocate for the State.
Complainant S. Ejaz Ali Shah is present in person.
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This Cr. Transfer Application has arisen out of order passed by the District & Sessions Judge, Khairpur, whereby Special Case No.01/2007 arising out of FIR bearing No.104/1999, registered at Police Station Qazi Ahmed, was transferred to learned IInd Additional Sessions Judge, Khairpur, for trial.
Succinctly the facts leading to the FIR are as follows:-
“Complaint is that, I my father and Uncle Wazir Ali reside in the same place surrounded by houses. About six months ago Ahsan Mian Unar and others had quarreled with my brother namely Kamil Shah to which my brother got registered case against Ahsan Mian and on account of such tussle we are not on speaking terms. Today at noon time my cousin Zulfiqar Ali Shah and brother of Ahsan Mian namely Shahid Mian had exchanged hot words and today at 4.30 p.m when I was sitting at my bungalow Rais Sher Muhammad rang me up and told me that “you intend to get registered a case against us and if you got registered the case then you will see the results very soon.” Today I, my brother Kamil Shah, Zulfiqar Ali Shah and Muhammad Ramzan Khaskheli were sitting in front of bungalow and it was time of 4.45 hours that one Alto white coloured car was parked in front of bungalow and was identified that on driving seat Zulfiqar Unar and on another seat Ahsan Mian Unar with Kalashnikov and behind him Iftikhar Unar with mouser and Mumtaz Ali Dahri with .30 bore pistol and no sooner did they stop the car Zulfiqar Ali said that they are sitting and they should be murdered and on such instigation Ahsan Mian straightaway fired from Kalashnikov at my cousin Zulfiqar Ali Shah who sustained injures and fell down by raising cries. Iftikhar Unar with an intention to murder Mumtaz Unar fired straightaway and so also fired on us and we saved ourselves and due to firing other persons of locality were also attracted and it was seen that Zulfiqar Ali Shah had sustained injury on the left side of his chest and it was cross firing and was seriously injured and then he was removed to hospital Qazi Ahmed where Zulfiqar Ali Shah expired. Witnesses were left over the dead body and being present at Police Station I lodged report that accused Ahsan Mian Unar and Mumtaz Dahri in collusion and on the instigation of Sher Muhammad Unar and on account of old enmity have fired at my cousin Zulfiqar Ali Shah and murdered him and they also fired with an intention to kill us. I am complainant and pray for investigation.”
Learned counsel for the Applicant has pointed out that learned Sessions Judge, Khairpur has acted upon in violation of Section 4 (a) of the Suppression of Terrorist Activities, Act, 1975 relating to transfer of the cases. It is next urged that at one stage, earlier case was subjudice before learned Sessions Judge, Nawabshah and it was transferred from Nawabshah to Khairpur.
When confronted with the above position, Complainant Syed Ejaz Ali Shah, present in Court, as well as learned State counsel and learned counsel for the Applicants have conceded to as under:-
1. Special Case No.01/2007 pending before STA, Khairpur/ IInd Additional Sessions Judge, Khairpur hereby stands transferred to the Court of learned District & Sessions Judge/STA Judge at Nawabshah forthwith. Record and Proceedings are hereby directed to be transferred immediately to the Transferee Court.
2. Learned counsel for the Applicants undertakes to produce the Applicants before STA Court at Nawabshah on 25.05.2009.
3. The Transferee Court, at Nawabshah is hereby directed to expedite the matter, which is pending from last nine years without trial. It is further directed that the matter be expeditiously decided on basis of day to day trial within a period of four months and compliance report be sent to this Court, through MIT for perusal of this Court.
Learned counsel for the parties seem to have been satisfied, therefore, Cr. Transfer Application No.18/2009 stands allowed in the above terms.
JUDGE
MUBASHIR