Naeem Ahmed Gopang vs The State and others
This criminal transfer application was filed by the applicant seeking the transfer of his case from the trial court at Qamber to a court of competent jurisdiction in Karachi, citing alleged threats to the lives of the applicant and his witnesses by the private respondents. The core legal question was whether sufficient grounds existed to justify the transfer of the criminal case. The Court examined the record and found that the applicant failed to provide any evidence, such as specific details regarding when, where, or how the alleged threats occurred, nor did any witnesses corroborate the claims of intimidation. The Court held that a criminal case cannot be transferred based on unsubstantiated or self-invented grounds. Consequently, the application was dismissed, reinforcing the principle that transfer applications require concrete, verifiable evidence of prejudice or danger rather than mere assertions to warrant the relocation of judicial proceedings.
- Can a criminal case be transferred from one court to another based on unsubstantiated allegations of threats?
- Is evidence of specific threats required to justify the transfer of a criminal trial?
ORDER
1. It is contended by learned counsel for the applicant that the applicant and his witnesses are apprehending danger to their lives at the hands of private respondents, who oftently are threatening them to be killed, if they would attend learned trial Court at Qamber , therefore, his case to be transferred to any of the Court of competent jurisdiction at Karachi.
2. Learned Addl.P .G for the State and learned counsel for the private respondents have sought for dismissal of the instant transfer application by contending that the applicant is defeating early dispo sal of the case for one or other reason.
3. I have considered the above arguments and perused the record.
4. Significantly , nothing has been brought on record which may suggest that as to when, where and in what fashion, the applicant and his witnesses were threatened by the private respondents to be killed, if they would attend learned trial Court at Qamber . No witness has come forward to say that he actual ly was threatened by the private respondents to be killed, if he would attend learned trial Court. No criminal case could be transferred from one to other Court on the basis of self invented grounds. Consequently , the instant Crl.T ransfer application is dismissed alongwith listed application.