ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Transfer App. No. S – 47 of 2019

Date of hearing

Order with signature of Judge

For hearing of main case

02.12.2019

Mr. Ali Raza Baloch, Advocate for applicant / complainant.

Mr. Shabbir Ali Bozdar, Advocate for respondent No.2.

Syed Sardar Ali Shah Rizvi, Deputy Prosecutor General.

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Through this Transfer Application, applicant / complainant Daud Khan Rajper seeks transfer of Special Case No.23/2019 pending before learned Judge, Anti-Terrorism Court, Naushahro Feroze. Notice of this application was issued to the respondents / accused as well as Additional P.G. Comments were called from the learned Judge.

2. Learned advocate for applicant / complainant has mainly argued that complainant has life threat at Naushahro Feroze. In the Transfer Application, complainant has mentioned that he has lost confidence in the trial Judge, but that ground is not pressed by learned advocate for the applicant. It is further argued that respondents / accused chased the applicant / complainant on the date of hearing. Such application was moved by the applicant / complainant before learned Special Judge, Anti-Terrorism Court, Naushahro Feroze. Learned advocate for applicant / complainant prayed for transfer of case.

3. Mr. Sardar Ali Shah, DPG assisted by Mr. Shabbir Ali Bozdar, advocate for respondent No.2 denied the allegations and it is argued that case is pending since May 2019, complainant has appeared before the trial Court several times, no such incident had taken place. Learned DPG opposed the transfer application.

4. From the perusal of the comments filed by learned Judge, Anti-Terrorism Court, Naushahro Feroze, it transpires that after framing of the charge, evidence of three prosecution witnesses has been recorded and complainant Daud Khan appears before the trial Court regularly, but submits adjournment application on each and every date of hearing and complainant has also failed to produce his witnesses. Trial Court has further mentioned that no complaint whatsoever has been made by the complainant about any threats received by him at the hands of the accused.

5. Main grievance of the applicant / complainant is that he apprehends danger to his life at Naushahro Feroze at the hands of the respondents / accused, but comments filed by learned trial Judge reflect that complainant appears before the trial Court on the dates of hearing, but submits adjournment applications. Anyhow, safety and security is the right of the prosecution witnesses. There is no allegation against the Presiding Officer, therefore, it is ordered that SSP Naushahro Feroze shall provide protection to the complainant party on the date of hearing of the case. It is stated that case is fixed on 06.12.2019. SSP Naushahro Feroze shall ensure the safety and security of the prosecution witnesses on the said date. Trial Court shall also record the evidence of the prosecution witnesses on 06.12.2019.

6. In the view of above, no case for transfer of the case is made out and Transfer Application is dismissed. Let the copy of the order be sent to the learned trial Court as well as SSP Naushahro Feroze by fax for compliance.

J U D G E

Abdul Basit