Wakeel Ahmed Jaffery vs Hafeezullah Pahore & another
This criminal transfer application was filed by police officials seeking the transfer of their case from the Anti Terrorism Court, Shikarpur, to another court of competent jurisdiction, along with the recalling of an order placing them under suspension, alleging bias and lack of lawful authority. The core legal question was whether the case should be transferred to ensure a fair trial and how the suspension order should be addressed. The Sindh High Court, with the consent of the learned counsel for the parties, decided to transfer the case to the Anti Terrorism Court, Larkana, for disposal according to law within two months, while holding that the grievance against the suspension order must be challenged separately in accordance with the law. The key principle laid down is that matters concerning administrative suspension should be agitated through independent appropriate legal remedies, whereas case transfer can be ordered by consent to secure the ends of justice.
- Can a criminal case be transferred to another court of competent jurisdiction with the consent of the parties?
- Where should a challenge against an illegal suspension order be brought when the main criminal case is transferred?
ORDER
1. It is contended by learned counsel for the applicant that learned Incharge Anti Terrorism Judge, Shikarpur , has placed the applicant and others being police officials under suspension at the instance of private respondent/complainant without lawful authority; therefore, they have got apprehension of unjustified trial at the hands of learned trial Judge. By contending so, he sought for transfer of case of the applicant and others to any other Court of competent jurisdiction, with recalling of suspension order of the applicant and others.
2. Learned D.P.G for the State and learned counsel for the private respondent/complainant have recorded no objection to transfer of case of the applicant and others to any of the Court of competent jurisdiction.
3. We have considered the above arguments and perused record.
4. With consent of learned counsel for the parties, the case of the applicant and others is transferred to Anti Terrorism Court, Larkana, for its disposal according to law , preferably within two months after receipt of R&Ps.
5. However , if the applicant or anyone else is having a feeling that he/they has/have been placed under suspension illegally then he/they could challenge such action separately , in accordance with law .
6. The instant criminal transfer application is disposed of accordingly .