Abdul Reheem Shah vs The State and another
This criminal miscellaneous application was filed by the applicant seeking the transfer of a criminal case from the current trial court to either Hyderabad or Karachi, primarily on the ground that the matter is a 'high profile case'. The State and the respondent opposed the application, arguing that the request was a tactical maneuver intended to delay the early disposal of the case. Upon review of the record and the arguments presented, the Court observed that the applicant is currently in custody and can be produced before the trial court by the police without difficulty. The Court held that the mere characterization of a matter as a 'high profile case' does not constitute a valid legal ground for the transfer of a criminal case from one court to another. Consequently, finding the application to be misconceived, the Court dismissed the petition, emphasizing that judicial transfers must be based on substantive legal grounds rather than the perceived status of the proceedings.
- Does the classification of a matter as a 'high profile case' constitute a valid legal ground for transferring a criminal case between courts?
- Can a criminal case be transferred solely on the basis of the applicant's desire to change the venue?
ORDER
It is stated by learned counsel for the applicant that it is a high profile case, therefore it should be transferred either at Hyderabad or Karachi.
2. Learned A.P.G for the State and learne d counsel for the respondent No.2 have opposed to transfer of the subject case by contending that the applicant is intending to defeat its early disposal.
3. I have considered the above arguments and perused the record.
4. The applicant is in custody and he could be produced before learned trial Court conveniently by the police. No criminal case could be ordered to be transferred from one to other Court by making an observation that it is high profile case. Consequently , the instant application being misconceived is dismissed.