IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl: Transfer Appln.No.D- 06 of
2013
Before
Mr:Justice Ahmed Ali M.Sheikh, J &
Mr:JusticeSalahuddinPanhwar, J.
FOR KATCHA PESHI
21st. February, 2013.
Mr.Muzzafer Ali Shaikh,
Advocate for the Applicants.
Mr.Zulfiqar Ali Jatoi,
D.P.G for State.
O R D E R
SALAHUDDIN PANHWAR, J:-
The applicants/accused seek transfer of Special Case/Crime No.74 of 2010 of Police Station, Agra (Re- St.Vs. Aslam and
others) for offences punishable Under sections 365-A PPC & 7-Anti-Terrorism
Act, 1997, from Anti-terrorism court to any other court.
2. The
relevant facts of the case are that the applicants/accused, were booked in
Crime No.74 of 2010, registered at Police Station,
03. Learned
counsel for the applicants/accused inter-alia contended that the attitude of
the learned Presiding Officer of the Court of learned Special Judge ATC,
KhairpurMir’s against applicants/accused is very harsh, hostile; learned
Presiding Officer is behaving in very harsh manner; whereas the attitude with
the complainant party is proper and fair, thus they have apprehension that they
will not get justice by the said Court/Presiding Officer.
05. It
is further revealed that the learned trial Judge, in pursuance of order of this
Court, filed comments, wherein, denied all the allegations levelled against
him; however conceded for transfer of the case.
06. Learned
A.P.G vehemently opposed the transfer of this case and says that on this ground
case cannot be transferred under the Law.
07. Having
heard the learned counsel for the applicants/accused and on meticulous
examination of available record, it is pertinent to say that transfer of case
cannot be left at the whims and wishes of the parties;and
one who seeks transfer of case has to justify such transfer withcogent reasons.
It will be conducive to reproduce the relevant portion of the comments of the
trial Judge:-
“It is submitted that
in the said application dated 11.12.2013 the accused/appellants namely Muhammad
Aslam, Amin, Liaquat and Shoukat have shown their no confidence upon this
court, but conversely their counsels namely Mr.Aftab Ahmed Shar, learned
Advocate for accused Shoukat and Mr.Abdul Kareem Janwari, learned Advocate for
accused Muhammad Aslam with the permission of their clients/appellants in open
court have shown their confidence upon this court and they have completed their
cross-examination to the last witness PC Roshan Ali on the same date i.e
11.12.2012. However two accused/appellants namely Liaquat and Amin stated in
open court that the present application dated 11.12.2012,written byMr.Muzafar Ali Shaikh, Advocate in his own
hand writing in the jail premises and who obtained their LRTIs and also taken
signature/LTI from other co-accused person and asked the accused persons to put up/place the same
application before the undersigned on my arrival inside the jail premises.
Thereafter Mr.Muzafar Ali Shaikh went away from the jail premises”
From
bare perusal of comments and consideration of grounds, it is suffice to say
that the learned counsel for the applicants/accused has failed to substantiate
the aforesaid allegations by cogent evidence, and mere allegations are not
sufficient to transfer a case from the court, having jurisdiction; because
transfer of a case from a competent court of law on mere apprehension is not
within spirit of law, more particularly, when such apprehension, otherwise,
appears to have come to an end as within presence of the applicants / accused
their counsels, in trial court, conducted the trial and even have shown faith
in trial court.
Accordingly, in such like situation
the application merits no consideration which was dismissed by short order
dated
JUDGE
JUDGE
A.R.BROHI