MUHAMMAD ARSHAD Versus STATE
ORDER
SAJJAD ALI SHAH, C.J.--- An application is filed by Mr. Ejaz Muhammad Khan, Advocate-on-Record, in which it is stated that Raja Muhammad Anwar, learned counsel for the petitioner, is unable to attend the Co rt as he is busy before the Supreme Court at Lahore. Qazi Muhammad Anwar, Advocate Supreme Court, is present in the Court and states that he is appearing alongwith Raja Muhammad Anwar for the petitioner and he would like to argue the petition in spite of the fact that Raja Muhammad Anwar is unable to attend the Court on account of his professional engagement. Mr. Ejaz Muhammad Khan, Advocate-on-Record states that in the circumstances he does not press the application for adjournment, which he withdraws. The said application for adjournment is, therefore, dismissed as withdrawn.
2. This is a petition under Article 186-A of the Constitution with prayer for transfer of Criminal Appeal No.32 of 1995 and Murder Reference No.4 of 1995 which are pending for hearing before Peshawar High Court against petitioner, Muhammad Arshad, who is accused in the murder case and is convicted and sentenced to death by the trial Court vide judgment dated 18-1-1995. Ground for transfer of appeal and Murder Reference as urged by the petitioner is that in the said murder case deceased was brother of Mr. Justice Ibne Ali,, who is the Chief Justice of the Peshawar High Court.
3. After the petition for transfer was filed in this Court order was passed on 19-3-1996 for issuance of notice to the Advocate-General, N.-W.F.P., for a date in office and meanwhile proceedings before the High Court have been stayed. On behalf of the petitioner, the prayer is for transfer of appeal and Murder Reference to any other High Court in Pakistan as there is apprehension in the mind of the petitioner that outcome of the appeal and Murder Reference would be influenced to his prejudice.
4. Qazi Muhammad Anwar, learned counsel for the petitioner, when asked that regardless of the result if the appeal and reference are finally disposed of, the matter would come to the Supreme Court in any case but he insists for disposal of the petition for transfer on merits. When asked whether it would be agreeable to the petitioner for hearing of appeal and Murder Reference if choice is given to him of the Judges in Peshawar High, he has come out with the names of two Hon'ble Judges, namely, Mr. Justice J.D. Akbarji and Mr. Justice Sardar A Muhammad Raza Khan. We have also been informed that paper book is ready and appeal is ripe for hearing and in fact it was fixed for hearing on 19-3-1996 but had to be adjourned as petition was filed in this Court for transfer. To this proposal learned counsel for the complainant and learned Additional Advocate General, N.-W.F.P., present in the Court have no objection.
5. In the circumstances, we would appreciate very much if the learned Chief Justice of Peshawar High Court constitutes a Bench consisting of Mr. Justice Jalal-ud-Din Akbarji and Mr. Justice Sardar Muhammad Raza Khan for disposal of appeal and Murder Reference mentioned above within one month.
6. The petition is disposed of in the terms stated above.
A.A./M-91/S Order accordingly.