NASIR ALI SHAH vs THE STATE and another
The petitioner sought the transfer of a criminal case titled "The State v. Nasir Ali Shah" from the Court of Special Judge Anti Corruption, Multan to a court in Lahore. The core legal question was whether a criminal case should be transferred on medical grounds due to the accused suffering from a serious illness that prevented his travel and appearance before the trial court. The Lahore High Court held that the transfer of the case was fully justified as the petitioner was suffering from End Stage Renal Disease and undergoing regular hemodialysis in Lahore, causing repeated adjournments. The Court laid down the principle that the severe medical condition of an accused impeding attendance and trial progress warrants the transfer of proceedings to a location facilitating medical treatment, while logistical inconveniences regarding witnesses can be managed by the transferee court through suitable arrangements for recording evidence.
- Can a criminal case be transferred from one city to another on the medical grounds of the accused?
- Whether the severe illness and inability of an accused to travel justifies the transfer of trial proceedings?
- How should the inconvenience of witnesses traveling from another city for a transferred case be addressed by the court?
ORDER
' SAYED ZAHID HUSSAIN, C.J.-Seeks transfer of the case i.e, "The State v. Nasir Ali Shah" from the Court of Special Judge Anti Corruption, Multan to Lahore Court.
2. The learned counsel has been heard, who relies upon Muhammad Jamshed v. The State (1985 M LD 66) to contend that in such circumstances when the petitioner is suffering from End Stage Renal Disease (ESRD) and is receiving treatment at Lahore, the transfer of the case from Multan Court to Lahore Court will A facilitate the trial and meet the ends of justice.
3. The material brought on record such as Patient History and prescriptions from Shaikh Zayed Hospital lends support to the assertion of the learned counsel. In response to the reference made by the learned Special Judge Anti-Corruption, Multan for medical examination of the petitioner, it was reported that "he is a patient of Chronic Renal Failure. Presently his clinical condition is bad, due to very high renal parameters." Certificate issued on 7-4-2008 by the Senior Registrar, Department of Nephrology, Shaikh Zayed Hospital, Lahore also goes to show that "he is suffering from ESRD and is on regular hemodialysis twice a week to sustain his life from 4 months." Even from the order sheet of the case (pending before the learned Special Judge Anti-Corruption, Multan) it is evident that due to the inability of the petitioner to be present, the case was being adjourned from time to time. In such circumstances when he is suffering from a serious disease for which he is being treated at Shaikh Zayed Hospital, Lahore and in order to avoid further promulgation of the matter (due to his inability to appear) the transfer of the case from the Multan Court to Lahore Court is fully justified. The assertion of the learned Deputy Prosecutor General that all the witnesses belong to Multan who will have to travel to Lahore for the purpose of their evidence can be taken care of by the transferee Court by making suitable arrangement for recording of their evidence on the date they appear before it. That may even result in expeditious conclusion of the trial.
' In view of the above, the case titled, "The State v. Nasir Ali Shah" is ordered to be transferred to the Court of Senior Special Judge Anti-Corruption, C Lahore who will proceed with the matter in accordance with law. The petition is disposed of accordingly.