Sardar Khan etc vs Muhammad Afzal etc
This criminal petition arises out of an order passed by the Lahore High Court dismissing the petitioners' application for the transfer of a murder trial from the Court of Additional Sessions Judge, Phalia, District Mandi Bahauddin, to another district. The petitioners sought transfer on the ground that one of the deceased victims was a senior member of the local Bar, allegedly preventing them from engaging senior counsel locally and creating an apprehension of an unfair trial. The Supreme Court considered whether mere apprehension regarding the local Bar's influence and the inability to engage a local lawyer constitutes sufficient ground for transferring a criminal case. The Court held that vague apprehensions, unsupported by the refusal of any named counsel and contradicted by the Trial Court's assurance of a fair trial, do not warrant the transfer of a case. The petition was accordingly dismissed and leave to appeal was refused.
- Whether mere apprehension that no local counsel will accept a brief due to the victim being a member of the Bar is sufficient ground for the transfer of a criminal trial?
- Does the inability to engage a senior lawyer from the local district justify transferring a case to another district?
ORDER
ANWAR ZAHEER JAMALI, J. --- All the five petitioners herein are nominated accused in crime No, 1, dated 1.1.2012, Police Station Phalia, District Mandi Bahauddin, wherein they have been charged with the allegations of committing murder of two persons Parvez Iqbal, Advocate and Asadullah Khan.
Petitioners No, 1 and 3 have been attributed the role of instigation and connivance, while the remaining three have been attributed active role of firing at the two deceased. After investigation, petitioners have been sent up for trial before the Court of Additional Sessions Judge, Phalia, where, on 26.3.2012 they have been accordingly charged for commission of such heinous crime. On 19.4.2012, petitioners had moved criminal miscellaneous No, 118-T of 2012 before Lahore High Court, Lahore, seeking transfer of the Sessions Case from the Court of Additional Sessions Judge Phalia to any other District of Punjab, and for this purpose raised the plea that as one of the victims of the crime was senior member of the Bar, who had close and relationship with other senior members of the Bar, therefore, they are unable to avail the services of any senior lawyer from the District.
2. After calling for the comments from the Trial Court, which were received on 7.5.2012, learned Single Judge in Chambers of the Lahore High Court, vide his order dated 27.6.2012 dismissed the said transfer application with the following observations:--- "5. The report and parawise comments were called for from the concerned Addl. Sessions Judge, Phalia. The perusal whereof reveals that the PWs are attending the Court since framing of charge but accused have failed to engage their counsel in spite of direction of learned Trial Court.
Admittedly the Pervaiz Iqbal deceased was one of the member of the local Bar and he had relations with other Advocates. But it cannot be said that the members of bar can cause any influence upon the Trial Court. Learned Presiding Officer has written in his report that he would decide the case on merits without any fear or favour to either of the parties."
3. We have heard Syed Zulfiqar Abbas Naqvi, learned ASC for the petitioners and perused the material placed on record, which reveals that after framing of charge before the Trial Court, prosecution witnesses have attended the Court but due to failure of the petitioners to engage their counsel, the case was adjourned by the Trial Court with directions to the petitioners to engage their counselor in case of their failure, they would be provided counsel on State expense. Before the High Court, the petitioners have not disclosed the name of any senior counsel which they wanted to engage from District Mandi Babahuddin and who refused to accept their brief. In any case, mere apprehension of the petitioners that due to allegations of murder of senior member of the Bar at Mandi Bahauddin against them no counsel at the that place shall accept their brief or that they will not be able to get fair trial within the jurisdiction of District Mandi Bahauddin are of no avail. The High Court has taken right view in dismissing the transfer application of the petitioners vide its impugned order, which is unexceptionable and calls for no interference.
4. Accordingly, this criminal petition for leave to appeal is dismissed and leave is refused.