MANZOOR AHMAD vs The STATE
This matter concerns an application filed by the appellant seeking the transfer of a pending criminal appeal and its connected murder reference from the Multan Bench of the Lahore High Court to the Principal Seat. The core legal question was whether the appellant possesses the right to choose the forum for the hearing of his appeal and murder reference based on existing administrative notifications. The Court examined a notification dated 10-4-1982, which provides an option to the appellant to select the forum for the hearing of such matters. Given the appellant's expressed choice, the consent of the complainant, and the precedent established by the notification and previous judicial orders, the Court allowed the application. The holding establishes that where an administrative notification grants an appellant the right to choose the forum for the hearing of their criminal appeal and connected murder reference, the Court may exercise its powers under the Lahore High Court (Establishment of Benches) Rules, 1981 to transfer the proceedings to the Principal Seat in accordance with that choice.
- Does an appellant have the right to choose the forum for the hearing of a criminal appeal and connected murder reference based on administrative notifications?
- Can the Lahore High Court transfer a criminal appeal from a Bench to the Principal Seat based on the appellant's choice and complainant's consent?
- What is the effect of the Lahore High Court notification dated 10-4-1982 regarding the choice of forum for murder references?
- Rule 5, Lahore High Court (Establishment of Benches) Rules 1981
ORDER
' UMAR ATA BANDIAL, C.J.---The respondent No,2/complainant has entered appearance in answer to the Court's notice. She is accompanied by her son, namely, Ishafq Ahmad. She has no objection to the criminal appeal being transferred from Multan Bench of this Court to Principal Seat for hearing and disposal on merits.
2. Learned counsel for the applicant/appellant in appeal has already referred to notification of the Lahore High Court dated 10-4-1982 wherein the appellant is given a choice with respect to the Bench where he wishes his murder reference to be heard. Based on the said notification, it is urged that this Court should exercise its power under Rule .5 of the Lahore High Court (Establishment of Benches) Rules, 1981 whereby the pending Criminal Appeal No,553 of 2010(MN) may be transferred to the Principal Seat along with murder reference and connected matters.
3. The notification dated 10-4-1982 has been perused. It does provide in clause (i) an option with the appellant to choose the forum where he would like his matter in appeal along with connected murder reference to be heard. Precedents allowing such relief have been cited including order dated 22-12-2011 passed in Criminal Miscellaneous No,2272-M of 2011 titled Muhammad Ameer Khan and others v. The State.
4. Accordingly, this application is allowed and in view of the choice expressed by applicant/appellant, the consent of the complainant/respondent No,2 and the notification referred above, the Criminal Appeal No,553 of 2010(MN) along with murder reference and connected matters shall stand transferred from Multan Bench of this Court to the Principal Seat for hearing at their own turn.