RUSTAM ALI vs THE STATE
This matter arises from an application filed under section 28 of the Anti-Terrorism Act 1997 by the complainant seeking the transfer of a criminal case from the Anti-Terrorism Court at Khairpur to Karachi. The core legal question is whether the criminal case should be transferred due to alleged threats to the lives of the complainant and prosecution witnesses by hardened accused persons. The court held that the transfer of the case is expedient and in the interest of justice, as well as necessary for the convenience and safety of the prosecution witnesses. The key principle laid down is that under section 28 of the Anti-Terrorism Act 1997, a case may be transferred from one Anti-Terrorism Court to another where it is found expedient, in the interest of justice, or required for the safety and convenience of witnesses.
- Can a criminal case be transferred from one Anti-Terrorism Court to another under section 28 of the Anti-Terrorism Act 1997?
- Is the safety and convenience of prosecution witnesses a valid ground for transferring a case between Anti-Terrorism Courts?
- Section 28, Anti-Terrorism Act 1997
ORDER
1. ' ANWAR ZAHEER JAMALI, C.J.---By this application, under section 28 of the Anti-Terrorism Act 1997, applicant who is complainant in crime No,46/2006, P.S. Mehrab Pur, has moved this Court for seeking transfer of criminal case, arising out of said crime, which is presently stated to be pending before the Court of ATC Khairpur.
2. ' The main ground urged in the application is that the two accused in custody and the other two absconding accused are hardened criminals, who have been identified by the prosecution witnesses and in such circumstances, complainant and other witnesses of the prosecution have serious threats to their lives at the hands of accused party, due to which they are unable to appear before the ATC Khairpur.
3. ' Mr. Aamir Mansoob Qureshi, learned counsel for the applicant, contends that in order to afford proper opportunity to the prosecution to prove their case, it is necessary that the criminal case may be transferred from ATC Khairpur to any other Anti-Terrorism Court at Karachi, where complainant and his witnesses will be in a position to appear and depose in the case against the accused persons, as due to fear of their death at the hands of accused party, they are unable to appear before the Anti-Terrorism Court, Khairpur.
4. ' Mr. Iqbal Kalhoro, Additional Prosecutor-General, contends that there is only a bald statement of the applicant in this regard, therefore, without any supporting substance in proof of such allegations, pending criminal special case Nq.26/2006 may not be transferred from Khairpur to Karachi.
5. I have considered the submissions made before me and perused the record, so also the provisions of section 28 of the Anti-Terrorism Act 1997, which, empowers me to pass an order for transfer of cases from one Anti-Terrorism Court to another where it is found expedient or in the interest of justice or where the convenience or safety of the witnesses or the safety of the accused so required. In the facts and circumstances of the present case, I am of the opinion that it will be expedient and in the interest of justice and also for the convenience and safety of the prosecution witnesses that the criminal special case No,26/2006 is transferred from ATC Khairpur to Anti- Terrorism Court. No,2 at Karachi. Order accordingly.
6. Disposed of.
Cited by 1 case
- AKHTAR HUSSAIN and another vs THE STATE 2010 YLR 322