HALEEM YOUSAF alias CH. PERVAIZ vs STATE and 2 others
This matter concerns a criminal transfer application filed by the petitioner, Haleem Yousaf, seeking to move the trial of a case registered under Section 15 of the Offence of Zina (Enforcement of Hadood) Ordinance 1979 from Okara to another jurisdiction. The petitioner contended that the case was falsely instituted following his divorce from the complainant's daughter, based on allegations regarding his religious faith. He argued that the complainant had incited an atmosphere of hatred against him, leading to a serious law and order situation during his bail hearing, which created a reasonable apprehension that he would be denied a fair trial if the proceedings continued in Okara. The court examined the petitioner's concerns regarding the hostile environment and the complainant's opposition based on inconvenience. The court held that the creation of an atmosphere of hatred against the accused rendered the local environment unconducive to a fair trial. Consequently, the court ordered the transfer of the trial to the Court of Additional Sessions Judge-I, Pattoki, District Kasur, noting that this location would not cause undue hardship to the complainant.
- Can a criminal trial be transferred to another jurisdiction if the local atmosphere is hostile to the accused?
- Does the creation of an atmosphere of hatred against an accused constitute valid grounds for the transfer of a criminal case?
- Is the potential inconvenience to a complainant a sufficient ground to deny a transfer application when the accused's right to a fair trial is at risk?
- Section 15, Offence of Zina (Enforcement of Hadood) Ordinance 1979
ORDER
Case FIR No. 259 dated 1.7.2004 under Section 15 of Offence of Zina (Enforcement of Hadood)
Ordinance VII of 1979 was registered at Police Station City A-Division, Okara on an application submitted by Kausar Parveen. According to complainant, her daughter Mst. Amna Shaheen was married to Haleem Yousaf (petitioner). She alleged that Haleem Yousaf was Ahmadi by faith and when this fact came to light, he started beating daughter of the complainant and later turned her out of his house. According to complainant, the accused also threatened the complainant on 21.5.2004. Case was registered against the petitioner with the allegation that he had defrauded the complainant and also had taken away cash and other articles belonging to complainant.
2. Transfer of the case from Okara to another jurisdiction is sought for on the ground that case against the petitioner was totally false and as a matter of fact only on account of the fact that petitioner had divorced daughter of the complainant, she had come up with a false allegation that he as Ahmadi/Qadiani. It was submitted that at the time of hearing of the bail application of the petitioner, serious Law & Order situation was created in the Court of Addl. Sessions Judge, Okara and in case the trial of the case was conducted at Okara, the petitioner was likely to suffer considerably and had real apprehension with regard to his safety.
3. Learned counsel for the complainant opposed the prayer made by the petitioner on the ground that she would not be in a position to pursue the case properly in the event the case is transferred to another jurisdiction.
4. I have heard the learned counsel.
5. Petitioner claims to be a Muslim. He claims that false allegation was levelled by her former mother-in-law; that he was a Qadiani by faith due to which serious Law & Order situation arose at Okara and in case trial was conducted at Okara, the atmosphere at Okara would not be conducive for a fair trial. The contention raised by the petitioner prima facie supports his case that due to creation of atmosphere of hatred against the petitioner by the complainant, he will not get fair trial, therefore, I allow the application.
6. Trial of Criminal Cas FIR No. 259 dated 1.7.2004 under Section 15 of Offence of Zina (Enforcement of Hadood) Ordinance (VII of 1979), Police Station City A-Division, Okara is withdrawn from the Court of Addl. Sessions Judge, Okara and is transferred to the Court of Addl. Sessions Judge-I, Pattoki, District Kasur. The place is not located far-away from the residence of the complainant and she would not be burdened in any manner in case the trial is conducted at Pattoki.