FASIH-UD-DIN and another vs THE STATE and another
This criminal petition was filed by the petitioners seeking the transfer of a criminal case pending before a Judicial Magistrate in Pakpattan Sharif to another district. The petitioners argued that because the complainant in the case is the Superintendent of the Sessions Court, Pakpattan Sharif, and the prosecution witnesses include the Stenographer and other employees of that same Sessions Court, there is a reasonable apprehension that the petitioners would not receive a fair and impartial trial within that jurisdiction. The State opposed the application, claiming the apprehension was ill-founded. Upon review, the Court observed that the complainant and several key witnesses were indeed officials subordinate to the Sessions Judge of the district where the trial was pending. Finding that the administration of justice requires not only that justice be done but that it must also appear to be done, the Court held that the apprehension of bias was sufficient to warrant a transfer. Consequently, the Court ordered the case to be withdrawn from the Pakpattan Sharif jurisdiction and transferred to the Sessions Judge, Sahiwal, for further proceedings.
- Can a criminal case be transferred to another district if the complainant and key witnesses are employees of the local Sessions Court?
- Does the apprehension of bias by an accused regarding the impartiality of a subordinate court justify the transfer of a criminal case?
- Section 173, Code of Criminal Procedure 1898
' CH. IFTIKHAR HUSSAIN, J.-- Fasih-ud-Din and Liaquat Ali petitioners by way of the instant petition have prayed for transfer of the criminal case presently pending against them in the Court of Mr. Muhammad Imran Farooq learned Judicial Magistrate 1st Class, Pakpattan Sharif to some other District to ensure fairplay and justice to them.
2. Briefly the relevant facts for the disposal of the instant petition are that case F.I.R. No, 57 of 2009 was registered with Police Station Farid Nagar, District Pakpattan Sharif on the written application of Muhammad Arif, Superintendent, Sessions Court, Pakpattan Sharif. The petitioners are accused therein, besides one Sami-ud-Din, who stood declared innocent by the police. The said case is presently pending in the aforesaid Court.
3. The learned counsel for the petitioners has submitted that as the Superintendent, Sessions Court is the complainant in the case against the petitioners and mostly the witnesses are the employees of the Sessions Court including the Stenographer of the learned Sessions Judge and hence, they apprehend that they may not get even-handed justice at the hands of the subordinate Court to the learned Sessions Judge at Pakpattan Sharif and so, the case may be transferred to some other District in the interest of justice.
4. The learned Deputy Prosecutor-General has opposed the request saying that the apprehension shown by the petitioners is ill-based. Respondent No,2 has simply stated that he stood transferred from Pakpattan Sharif to Multan and his statement in the case stood recorded and so, he has been left with no interest in the matter.
5. I have carefully considered the submissions made on behalf of parties.
6. The copy of the report under section 173, Cr.P.C. In the case is annexed to the present petition. The same shows that Respondent No, 2 Muhammad Arif, Superintendent, Sessions Court, Pakpattan Sharif is the complainant in the same. The same also shows that there are as many as eleven witnesses in the case. Out of them besides the complainant, Stenographer and other officials of Sessions Court are witnesses therein. In such situation, in order to ensure fairplay and justice to the parties, I deem it appropriate to withdraw the case from the present Court at Pakpattan Sharif and transfer the same to the Court of the learned Sessions Judge, Sahiwal, who shall onward entrust the same to some competent Court of Magistrate in his District for disposal in accordance with law.
Order accordingly. The petition so, succeeds. The parties to appear there on 6-5-2010.