MUHAMMAD IBRAHIM Versus THE STATE Ch. Rashid Ahmad Bhatti , Malik Rehmat Awan for the State.,Kamal Mufti

Muhammad Ibrahim, petitioner herein, is complainant in case FIR No.412 dated 2-12-1985 registered at Police Station Pattoki, District Kasur, against Sardar Ali and Mukhtar Ahmad, respondents, for having murdered Muhammad Yaqoob son of Ahmad Din. The case is being tried by Sh. Mumtaz Ali, Additional Sessions Judge, Kasur. The petitioner felt apprehensive that he would not get fair and impartial trial in the said Court as the learned Presiding Officer on 29-3-1987 directed the petitioner verbally to allow the defence counsel to inspect the place of occurrence i.e. the house of the deceased, and when the petitioner requested the Court to pass an order in writing in this regard he had felt annoyed. Again on 16-4-1987 the learned Presiding Officer allegedly compelled the petitioner to allow the site inspection to the defence counsel, hence this application for transfer of the case from the said Court to some other Court of competent jurisdiction has been moved.

2. Comments on the petition were sent for and notice to the respondents was also issued.

3. The learned Presiding Officer in his report has refuted the allegations as baseless and submitted that the fact of the matter was that the defence counsel complained to him that the complainant party had not allowed him to inspect the spot when he went there to do so whereupon he (Presiding Officer) remarked that it was a matter between the parties and was no concern of the Court, and this chapter consequently was closed. Learned counsel appearing on behalf of the respondents has, at the bar, supported the learned Presiding Officer saying that he was conducting the case for the respondents in the trial Court and was present when it had happened. No proof whatsoever controverting these assertions has been produced on behalf of the petitioner.

4. Learned counsel for the petitioner contended that since the petitioner has lost confidence in the trial Court, therefore, in view of the maxim that justice should not only be done but should seem to have been done, the case must be transferred from the said Court to some other Court of competent jurisdiction.

5. I think, unless and until a party satisfies the Court that his apprehension about his not getting a fair and impartial trial in the Court concerned is well-founded the case cannot be transferred merely to satisfy his whims. Same is the position here. In the circumstances I find no good ground for transferring the instant case from the Court of Additional Sessions Judge, Kasur and hereby dismiss this petition.

S . G . D . / M-363/ L Petition dismissed.