IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Transfer Application No.60
of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on office objection as at
“A”
2.
For hearing of main case
3. For
hearing of M.A. No.8826/2024
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05.12.2024
Syed Zaeem Haider, advocate for
applicant
Mr. Muhammad Iqbal Awan, Additional
Prosecutor General Sindh
Mr. Muhammad Noonari, Deputy
Prosecutor General Sindh
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Applicant/accused
Mohan Lal through this transfer application seeks transfer of Case
No.1645/2024, arising out of FIR No.598/2023, registered at P.S. Boat Basin,
Karachi, for offence under sections 489-F, 420, 506, 34, PPC, pending before learned
Civil Judge & Judicial Magistrate-XI, South Karachi. It appears that prior
to this, applicant/accused filed Criminal Transfer Application No.55/2024 before
learned Sessions Judge, South Karachi, the same was dismissed vide order dated
26.06.2024. Hence, accused approached this Court for same relief.
2. Notice
of this transfer application was issued to respondent No.2 as well as
Prosecutor General Sindh and comments were called from the trial Judge. Learned
Civil Judge & Judicial Magistrate concerned filed comments dated
18.07.2024, in which it is mentioned that the case is fixed for recording the
statement of accused. However, learned Judge denied the allegations leveled
against him in transfer application.
3. Learned
advocate for applicant/accused Mohan Lal submits that learned trial Judge is
conducting trial in a hasty manner and the applicant/accused apprehends that he
will not get justice. It is further submitted that several applications moved on
behalf of accused have been dismissed by the trial Court, without assigning any
reason. Lastly, argued that a fair trial is right of accused, case may be
transferred to some other Court.
4. Learned
Additional Prosecutor General opposed the transfer application and submitted
that trial is concluded and the case is fixed for recording the statement of
accused since July, 2024. Learned Additional Prosecutor General further argued
that allegations leveled against Presiding Officer have been denied and the
apprehensions in the mind of applicant/accused are without any material.
5. I have
carefully heard the learned counsel for the parties and perused the comments
filed by learned trial Judge and orders passed by learned Sessions Judge,
Karachi South on transfer application. Learned Sessions Judge in the order
dated 26.06.2024 has rightly observed that on mere apprehensions, case cannot
be transferred from one Presiding Officer to another. Relevant portion of the
order is reproduced as under:
“……….
Moreover, it is also view of Superior Courts that while exercising jurisdiction
to transfer cases from courts, balance had to be struck in order to ensure that
cases were not transferred merely on the basis of suppositions, unfounded and
conjectural apprehension, justice was to be done without fear or favour, thus,
Presiding Officers should equally be protected from frivolous transfer
applications in order to achieve transparent even handed justice so that one of
the litigants should not be in a position to overawe the Presiding Officer
which might ultimately result in tilting scales of justice under fear of
malignity. In this respect reliance can be placed upon case of Abdul Raheem versus The State reported in 2012 YLR 2629
[Sindh]. Therefore, I am of the view that there are no sufficient
grounds for transfer of case hence, this application is dismissed. Order
accordingly.”
6. In my
considered view, allegations against the presiding officers have not been
substantiated by cogent material. Mere self-procured mistrust/apprehension in
the mind of applicant that he will not get justice at the hands of presiding
officer is no ground for transfer of case. Learned trial Judge in his comments
has mentioned that case is fixed for statement of accused. Transfer application
is without merits, the same is dismissed. However, trial Court is directed to
decide the case, expeditiously.
J U D G E
Gulsher/PS