KHALILUR REHMAN vs 2nd ADDITIONAL SESSIONS JUDGE, MIRPURKHAS and 6
This criminal transfer application was filed by the applicant, Khalil-ur-Rehman, seeking the re-transfer of two Sessions Cases from the Court of the 2nd Additional Sessions Judge, Mirpurkhas, back to the Court of the Additional Sessions Judge, Tando Allahyar. The applicant argued that both parties reside in Tando Allahyar and the incident occurred within that jurisdiction. The respondents and the Additional Prosecutor General opposed the application, citing that the applicant had been delaying proceedings through frequent adjournments. The Court observed that the cases had been previously transferred to Mirpurkhas via an exhaustive order dated 09.05.2016, which the applicant had not challenged. Furthermore, the record indicated that the applicant himself contributed to the delays in the transferee court. The Court held that no valid grounds for re-transfer existed and that the application was an attempt to hamper judicial proceedings. Consequently, the Court dismissed the application, affirming that a party instrumental in causing trial delays cannot seek a transfer on the basis of convenience.
- Can a party who is instrumental in delaying trial proceedings seek the transfer of a case to another court?
- Does the mere fact that parties reside within a specific jurisdiction necessitate the transfer of a case to that jurisdiction if a prior transfer order exists?
- Is a transfer application maintainable when the applicant fails to challenge a previous exhaustive order transferring the case to the current court?
ORDER
KHADIM HUSSAIN M. SHAIKH, J.---Through this application, applicant Khalil-ur-Rehman patently seeks re-transfer of Sessions Case No, 108/2016 (Old No,145/ 2012) re-State v. Khalil-urRehman @ Bholo and others culminated from FIR No, 256/2012, registered at Police Station Tando Allahyar and Sessions Case No,109 /.2016 (Old No,77 / 2013) re-State v. Sher Muhammad and others, culminated from Crime No, 258/2012, registered at Police Station Tando Allahyar, from the Court of Ilnd Additional Sessions Judge, Mirpurkhas to the Court of Additional Sessions Judge, Tando Allahyar, which were earlier transferred to the Court of 'Ind Additional Sessions Judge, Mirpurkhas from the Court of Additional Sessions Judge, Tando Allahyar vide an exhaustive order dated 09.05.2016, passed in Criminal Transfer Application No,S-70 of 2015, filed as Annexure-B/1, available at pages 33-38.
2. It is, inter alia, contended by the learned counsel for the applicant that both the parties are hailing from Tando Allahyar; and, the incident took place within the territorial jurisdiction of Court at Tando Allahyar. He, therefore, prays that the aforementioned Sessions Cases may be transferred to the Court of Additional Sessions Judge, Tando Allahyar.
3. Learned advocate for respondent No,2, placing on record objections, submits that the applicant Khalil-ur-Rehman and his co-accused in Sessions Case No,108 / 2016, by seeking adjournments time and again, have been unnecessarily delaying the proceedings of the aforesaid Sessions Cases before the trial Court at Mirpurkhas. He, therefore, prays that the application may be dismissed.
4. Learned Additional Prosecutor General Sindh adopting the arguments of the learned counsel for the respondent No,2, submits that this application is meritless, which may be dismissed.
5. From the perusal of the record, it would be seen that earlier aforementioned Sessions Cases were withdrawn from the Court of Additional Sessions Judge, Tando Allahyar and were transferred to the Court of Ilnd Additional Sessions Judge, Mirpurkhas after considering the arguments advanced by the learned counsel for the parties and the learned A.P.G. Sindh vide an exhaustive order dated 09.05.2016, including the contentions, having been raised now by the learned counsel for the applicant and admittedly that order has not been called in question by the applicant; no progress in the cases before the transferee trial Court at Mirpurkhas has been made so far due to delay caused by both the parties by seeking adjournments on one or the other pretext, as is reflected from the comments, having been furnished by the 'Ind Additional Sessions Judge, Mirpurkhas; and, thus, the applicant party itself also is instrumental in delay of the trial of the aforementioned cases before the trial Court at Mirpurkhas and instead of proceedings with the cases before the trial Court, the applicant has moved this application. Under these circumstances, I am of the considered view that no case for re-transfer of the aforementioned cases from the Court of IInd Additional Sessions Judge, Mirpurkhas to the court of Additional Sessions Judge, Tando Allahyar has been made out and the applicant by filing the instant application has made an attempt to hamper the proceedings of the aforesaid cases. Accordingly, the application in hand, being devoid of merits, is dismissed.