SAMAD ELECTRONICS through Arbab Gul vs TARIQ SHERWAN and 2 others
This petition for leave to appeal was filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, challenging an order passed by the Chief Justice of the Peshawar High Court. The impugned order had transferred a suit for the recovery of money from the Court of the Senior Civil Judge, Karak, to a civil court in Peshawar. The petitioner contended that the transfer was made without lawful justification and failed to account for the inconvenience caused to the parties. Upon review, the Supreme Court observed that the parties had not raised the issue of inconvenience before the High Court. The Court held that the Chief Justice of the High Court, having considered all relevant aspects of the matter, exercised the transfer power to ensure a fair trial. Finding no legal defect, jurisdictional error, or valid ground for interference in the impugned order, the Supreme Court dismissed the petition and refused leave to appeal, affirming the High Court's discretion in administrative transfer matters to secure the ends of justice.
- Does the High Court have the authority to transfer a civil suit to ensure a fair trial?
- Can a transfer order be challenged on the basis of party inconvenience if that issue was not raised before the transferring court?
- Is the Supreme Court required to interfere with a High Court's administrative transfer order absent a clear legal defect?
- Article 185(3), Constitution of the Islamic Republic of Pakistan
ORDER
' MUHAMMAD NAWAZ ABBASI, J.--- This petition under Art.185(3) of the Constitution of Islamic Republic of Pakistan has been filed assailing the order dated 10-1-2005 by virtue of which learned Chief Justice of Peshawar High Court, Peshawar, transferred the suit for recovery of certain amount filed by the respondents in the Court of Senior Civil Judge, Karak, to the civil Court at Peshawar.
2. Learned counsel for the petitioner has contended that the learned Chief justice in the High Court, without any lawful justification, transferred the case from Karak to Peshawar and so much so the inconvenience of the parties was not considered. The perusal of the order would show that parties did not plead inconvenience before the High Court and the learned Chief Justice, having considered all aspects of the matter, transferred the case to ensure fair trial. We, therefore, do not find any valid and legal ground for interference or a question of law for our consideration and learned counsel has also not been able to point out any legal defect in the impugned order.
3. In the light of above, we find no substance in this petition and the same is accordingly dismissed.
Leave is refused.