1999 YLR 1279

MUHAMMAD AFZAL Versus STATE

Citation1999 YLR 1279

CourtLahore High Court

Case No.Criminal Miscellaneous No.260‑T of 1997

Date1998-12-23

Judge(s)Rashid Aziz Khan, C. J. and Tassaduq Hussain Jilani

Authored byTassaduq Hussain Jilani

TASSADUQ HUSSAIN JILANI, J. ‑‑ Through this Transfer Application, transfer of the trial in case F.I.R. No. 115, dated 18‑9‑1995 under section 302/324/ 148/149 read with section 109, P.P.C. registered with Police Station, Shah Pur Saddar, District Sargodha pending before Special Court constituted under the Suppression of Terrorist Activities Act, 1975, Sargodha to some other Court is sought on the ground that the deceased in this case was a practicing Advocate and that on that account, petitioner- accused has not been able to get an Advocate of his choice and the case even otherwise, got undue publicity because of which a fair trial is not expected.

2. Earlier a learned Judge of this Court transferred the case vide Criminal Miscellaneous No. 169‑T of 1996 but the transferee Court i.e. learned Additional Sessions Judge, Chiniot sent back the case to the Special Court Sargodha since .222 rifles had been used during the occurrence and the same were automatic weapons and according to learned Additional Sessions Judge, Chiniot, the offence alleged was a scheduled offence and not triable by him.

3. Learned counsel for the complainant, has referred to section 4‑A of the Suppression of Terrorist Activities Act, 1975 to contend that this Court can only transfer a case within the same Sessions Division.

4. Heard.

5. Section 4‑A of the Suppression of Terrorist Activities Act, 1975 to which reference has been made by learned counsel for the complainant ratters to a situation where two or more special Courts have jurisdiction, "wholly or partly in the same territorial limits," the High Court has been empowered to transfer any case from one Special Court to another in the interest of justice or for the convenience of the parties or of witnesses. This is an enabling provision empowering the High Court to transfer case in a situation, specified in the afore‑referred provision but this does not have the effect of curtailing the powers of this Court grantee under section 526, Cr.P.C. Section 5(2), Cr.P.C. mandates that all criminal cases shall be tried and dealt with in accordance with the Criminal Procedure Code but, "subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying of otherwise dealing with such offences." Since the powers of the High Court under the Criminal Procedure Code to transfer a case from one Court to another have not been specifically excluded under section 4‑A of the Suppression of Terrorist Activities Act, 1975, the same shall remain intact. Even otherwise, this Court has powers under Article 203 of the Constitution as also under section 561‑A, Cr.P.C. to pass an order to promote the ends of justice.

6. For what has been discussed above, this Application is allowed and it is directed that the aforereferred case shall stand transferred to the Court of District and Sessions Judge, Mianwali who shall try the same himself.

Revision dismissed.

V.B.T./M‑1084/L