NASIR ZAMAN Versus MEHR SALABAT, ADDITIONAL SESSIONS JUDGE, ARIFWALA
This petition for leave to appeal was filed against an order of the Lahore High Court which withdrew a complaint case from one Additional Sessions Judge and entrusted it, along with the corresponding challan case, to another Additional Sessions Judge at Arifwala. The petitioner contended that the transfer was improper because the parties and witnesses resided closer to the original court, and expressed apprehension of bias as the transferee judge had previously granted bail to some of the accused. The Supreme Court of Pakistan held that the High Court's exercise of discretion in transferring and consolidating both the complaint and challan cases before the same judge did not suffer from any illegality or impropriety. The Court observed that if the petitioner was aggrieved by the bail orders, the appropriate remedy was to challenge those orders directly before the High Court. Consequently, the Supreme Court refused leave to appeal and dismissed the petition.
- Whether the consolidation and transfer of both a complaint case and a challan case to the same Additional Sessions Judge constitutes an illegality or impropriety?
- Can a transfer order be set aside solely on the ground that the transferee judge previously granted bail to some of the accused in the matter?
- What is the appropriate legal remedy for a party aggrieved by a bail order passed by a trial court during the pendency of a transfer application?
KHALIL-UR-REHMAN KHAN, J.-- -Nasir Zaman, petitioner, seeks leave to appeal against the order dated 20-3-1997 of the Lahore High Court, Lahore, whereby the complaint case was withdrawn from the Court of Ch. Muhammad Ashraf, learned Additional Sessions Judge, Pakpattan and entrusted to the' Court of Mehr Salabat Khan, learned Additional Sessions Judge, Pakpattan at Arifwala, for trial in accordance with law, after setting aside the order dated 16-11-1996 passed by learned Sessions Judge, Pakpattan whereby he had withdrawn the Challan Case of F. I. R. No. 146 of 1996 from the Court of Mehr Salabat Khan, Additional Sessions Judge, Pakpattan at Arifwala and entrusted the same to the Court of Ch. Muhammad Ashraf, Additional Sessions Judge, Pakpattan. The result was that both the Challan Case and the Complaint Case were entrusted to the Court of Mehr Salabat Khan, Additional Sessions Judge, Pakpattan.
2. Learned counsel for the petitioner argued that the parties and the witnesses belong to the Chak situate near Pakpattan and keeping in view the convenience of the parties and the witnesses, the entrustment of the Challan case to the learned Additional Sessions Judge, Pakpattan, before whom the Complaint Case was already pending, by order of the Sessions Judge dated 16-11-1996 should not have been set aside. It was argued that the complainant/petitioner had sought the transfer of the Challan Case by expressing an apprehension that he will not receive evenhanded justice from the said Court which had already granted bail to some of the accused and that the accused persons were openly propagating that they have approached the said learned Judge and would be acquitted. Learned counsel for the petitioner added that on the Bail Application moved by the other accused which was pending, the accused have also been granted bail.
3. These matters were in the notice of the learned Judge of the High Court. The discretion exercised in entrusting the Complaint and the Challan Case to the learned Additional Sessions Judge Pakpattan at Arifwala has not been shown to be suffering from any illegality or impropriety, and no case for interference is made out.
4. The petitioner, if feels aggrieved of the order granting bail to the accused, he can assail the same before the High Court and the Petition, if so filed, will of course be adjudicated upon in accordance with law and it will be open for the High Court to pass orders deemed fit in the circumstances of the case. With these observations, leave to appeal is refused and the Petition is dismissed.
A.A./N-7/S Petition dismissed.