LIAQAT ALI and 13 others vs MEHDI HASSAN and another
This matter arises from a petition for leave to appeal against the Lahore High Court order dated 29-4-2003, which dismissed the petitioners' application for the transfer of a criminal case from Hafizabad. The core legal question concerns whether sufficient grounds existed to transfer the criminal trial to ensure a fair and impartial proceeding given the political influence of the complainant and his family. The Supreme Court converted the petition into an appeal and allowed it, holding that the apprehension of the petitioners regarding a fair trial was justified due to the influence of the complainant party, whose members held prominent political offices. The Court laid down the principle that where influential complainants create an atmosphere of tension and insecurity, impairing the prospects of a fair and impartial trial, the case warrants transfer to another district.
- Whether a criminal case can be transferred from one district to another on the ground of the complainant's political influence and pressure?
- Does the apprehension of a biased trial due to local influence justify the transfer of a case under the principles of a fair trial?
- Section 302, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
- Section 342, Pakistan Penal Code
- Section 201, Pakistan Penal Code
- Section 427, Pakistan Penal Code
- Section 436, Pakistan Penal Code
- Section 354, Pakistan Penal Code
- Section 395, Pakistan Penal Code
- Section 323, Pakistan Penal Code
- Section 326, Pakistan Penal Code
- Section 452, Pakistan Penal Code
- Section 161, Pakistan Penal Code
- Section 325, Pakistan Penal Code
- Section 109, Pakistan Penal Code
ORDER
' Leave to appeal is sought against the order of the Lahore High Court, Lahore dated 29-4-2003, whereby Criminal Miscellaneous No,93-T of 2003 of the petitioners, was dismissed and their request for transfer of the case from Hafizabad to any other Court of competent jurisdiction of any other District was declined:
2. Brief facts are that F.I.R. No,135 under sections 302/148/149/342/201, P.P.C. And F.I.R. No,136 under sections 427/436/342/354/ 148/149/395, P.P.C. Dated 14-5-1985 were registered against the petitioners along with other police officials, which after investigation were cancelled. Thereafter, respondent No,1 filed a private complaint under sections 323/326/452/161/325/436/109/354/427/342/395/148/ 149/302/201, P.P.C. Before the Sessions Judge, Gujranwala on 9-6-1985 against the petitioners who were summoned by the said Court which is now pending before Sessions Judge, Hafizabad.
3. Learned counsel for the petitioners submitted that respondent No,1 and his family is highly influential and they have a strong hold over the, District Executive and the petitioners apprehend danger to their life at the hands of the supporters of respondent No,1. He submitted that no local counsel was accepting the brief of the petitioners to defend them in the complaint case. It was further alleged that on every date of hearing respondent No,1 brings hundreds of people to Court premises which causes tension and insecurity to the petitioners and in such circumstances, they apprehend that they cannot have fair and impartial trial at Hafizabad.
4. We have heard the learned counsel for the petitioners and the Assistant Advocate-General for the State and have gone through the record of the case. The complaint case is pending for the last about 14 years but only four P. Ws. Have been examined so far and despite several opportunities given to the complainant, he has not produced his remaining witnesses. There is no denial of the fact that respondent No,1 and his brother are M.N.As. And his son is a Provincial Minister. His families is highly influential and have large number of political supporters in the area. The apprehension of the petitioners was not given proper consideration by the High Court, therefore, we convert this petition into appeal, allow the same, transfer the complaint case pending before the learned Sessions Judge, Hafizabad to the Court of the learned Sessions Judge, Lahore, who may entrust the same to the Court of any learned Additional Sessions Judge at Lahore for trial expeditiously.
Case transferred.