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.
.-.-.-.-.-.-.-.-.-.-
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