CANAL VIEW COOPERATIVE HOUSING SOCIETY Versus JAVED IQBAL
The petitioner sought leave to appeal against the order of the Peshawar High Court dismissing a criminal transfer application for transferring a criminal case from Charsadda to Peshawar. The core legal question was whether a criminal case should be transferred on the grounds of political rivalry, security threats, and law and order concerns when no bias or lack of confidence is alleged against the trial judge. The Supreme Court held that political rivalry and general apprehensions to life do not constitute sufficient grounds for transferring a case, especially when no bias is attributed to the presiding judge and adequate security measures, such as conducting the trial inside a district jail, have been ordered to mitigate safety concerns. The key principle laid down is that the maintenance of law and order is the duty of the government, and mere security issues or local political rivalries without judicial bias do not warrant the transfer of a criminal trial.
- Whether political rivalry between parties is a sufficient ground for the transfer of a criminal case?
- Can a criminal case be transferred from one district to another without alleging bias against the trial judge?
- Does apprehension to life and security problems alone warrant the transfer of a trial under the law?
- Section 302, Pakistan Penal Code
- Section 324, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
- Section 427, Pakistan Penal Code
ORDER
ABDUL HAMEED DOGAR, J.‑‑ ‑Petitioner seeks leave to appeal against the order dates 12‑1-2004 passed by learned Judge in Chambers of the Peshawar High Court, Peshawar, whereby Criminal Transfer Application No.101 of 2003 regarding transfer of criminal case pending before the learned Additional Sessions Judge, Charsadda, to any other Court of competent jurisdiction at Peshawar, was dismissed.
2. The background leading to the filing of the instant petition is that petitioner Alamzeb lodged F.I.R. No.36, dated 2‑2‑2003 at Police Station Umarzai, District Charsadda, under sections 302/324/148/149/427, P.P.C against the respondents which case was pending in the Court of learned Additional Sessions Judge, Charsadda. The petitioner apprehending danger to his life and the lives of his witnesses and companions, moved for the transfer of case, through above mentioned criminal miscellaneous application. The main plea urged by him in the said application was that while pursuing the case before the learned trial Court at Charsadda, three occurrences had already taken place between the complainant and the accused party who had considerable influence among the masses of the area and on account of which, influx of people used to visit premises .of Court duly armed with lethal weapons, endangering the life of the petitioner‑and his companions besides creating law and order situation.
3. We have heard Mian Habihullah Kakakhil, learned counsel for the petitioner and have gone through the record and proceedings of the case in minute particulars.
4. Learned counsel for the parties mainly urged the transfer of‑the case on the grounds of security problems, strong political rivalry of ANP and PPP in the area; numerous physical assaults on the lives of the petitioner, and his witnesses resulting in registration of, three F.I.Rs. against them. He also emphasized that it would meet‑ the ends of justice if the case is, withdrawn/transferred from the Court of Additional Sessions Judge, Charsadda to any other Court of competent jurisdiction in District Peshawar.
5. The petitioner has neither alleged any bias against the Judge of trial Court nor has shown any ground of mistrust or' lack of confidence in him., Thus the transfer of the case on the ground of political rivalry between the parties and apprehension to their lives would hardly be a ground to transfer the case as it is the duty of the Government to maintain law and order. Moreover, the learned Chief Justice while dismissing the application has ordered that the trial be conducted inside District Jail, Charsadda, which minimizes the apprehension of petitioner, as agitated above.
6. Resultantly, the petition being devoid of merit is dismissed and leave to appeal refused.
N.H.Q./A‑21/S. Leave refused.
Cited by 3 cases
- Mir MUHAMMAD ANWER and 4 others vs THE STATE and anothers 2012 P Cr. L J 1314
- Noor Ahmed vs The State K.L.R. 2009 Criminal Cases 137
- NOOR AHMED Versus State 2009 MLD 22