Mst. GULSHAD vs MANSOOR QAIM and another
This criminal revision application challenges an order passed by the Sessions Judge, Khairpur, which transferred a direct complaint from the file of the Additional Sessions Judge-IV, Khairpur, to the Additional Sessions Judge, Mirwah. The core legal question was whether a judicial order transferring a case must contain reasons for such a decision. The Court held that the impugned order was legally deficient because it failed to assign any reasons for the transfer, thereby violating the statutory requirement to provide a reasoned decision. The Court set aside the transfer order and remanded the matter to the Sessions Judge, Khairpur, with a direction to pass a fresh order after providing an opportunity of hearing to all concerned parties. The key principle laid down is that under Section 24-A of the General Clauses Act, any authority or office exercising powers under an enactment is mandated to provide reasons for its orders, particularly when those orders affect the rights of the parties involved, ensuring transparency and judicial accountability.
- Is a judicial order transferring a case from one court to another required to contain reasons for the decision?
- Does the failure to provide reasons for a transfer order violate the requirements of Section 24-A of the General Clauses Act 1897?
- Section 24-A, General Clauses Act 1897
- Section 3, Illegal Dispossession Act 2005
- Section 4, Illegal Dispossession Act 2005
ORDER
IRSHAD ALI SHAH, J.---The applicant by way of instant Criminal Revision application has impugned order dated 07.08.2018 passed by learned Sessions Judge Khairpur , whereby direct complaint No.82/2017 "titled Mst. Gulshad v. Dr. Nasrullah and others " pending on the file of learned Additional Sessions Judge IV Khairpur , has been transferred to the file of learned Additional Sessions Judge Mirwah.
2. It is contended by learned counsel for the applicant that the impugned order being non-speaking has been passed without hearing to all the concerned. By contending so, he sought for setting aside of the same.
3. Learned DPG for the State was fair enough to state that the impugned order is not containing the reasons while learned counsel for the private respondent has sought for dismissal of the instant Criminal Revision Application by contending that no harm would be caused, if the case is allowed to proceed before the Court of learned Additional Sessions Judge Mirwah.
4. I have considered the above arguments and perused the record.
5. The impugned order reads as follows; "Heard learned counsel for applicant, respondent Gulshad in person, perused the entire material available on record and also perused the comments called from the court of learned Additional Sessions Judge-IV Khairpur . The transfer application is hereby allowed. Criminal Complaint No.82/2017 re. Dr. Mst Gulshad v. Dr. Nasrullah and others filed under sections 3 and 4 of Illegal Dispossession Act is withdrawn from the file of the Court of learned Additional Sessions Judge-IV Khairpur and transferred to the Court of learned Additional Sessions Judge Mirwah for disposal according to law ."
6. The bare perusal of the above order reveals that no reason is assigned by learned Sessions Judge Khairpur for ordering transfer of the case from one to other Court, which is against the spirit of Section 24-A of the General Clauses Act, Subsection (2) whereof reads as below; "(2) The authority , office or person making any order of issuing any direction under the powers conferred by or under any enactment shall, so far as necessary or appropriate, give reasons for making the order or, as the case may be, for issuing the direction and shall provide a copy of the order or, as the case may be, the direction to the person affected prejudicially".
7. For what has been discussed above, the impugned order is set aside with direc tion to learned Sessions Judge Khairpur to pass the same afresh in detail explaining the reason for making transfer of the case from one to other Court, after providing chance of hearing to all the concerned.
8. The instant Criminal Revision Application is disposed of accordingly along with listed application.