ZAFARUL ISLAM Versus ADDITIONAL DEPUTY COMMISSIONER-1, HYDERABAD

ORDER

The petitioner seeks transfer of his pre-arrest bail petition from the Court of Mr. Muhammad Aslam Khan, Additional Sessions Judge, Rahimyar Khan to some other Court of competent jurisdiction of some other District or either before this Court.

To support the prayer made herein, it was submitted that as the murdered young man was son of the practising lawyer of Rahimyar Khan, and in respect of which occurrence the instant case has been registered in which the petitioner is one of the accused, therefore, he has found it -difficult to obtain services of a local counsel as, it was alleged herein, no learned member of the said Bar is willing to represent him. It has been further submitted in that respect that at the time of arguments of the bail petition in question, more than 20' lawyers had appeared on behalf of the complainant, whereas even the father, of the petitioner was ordered to leave the Court room, as alleged herein. Furthermore, the grievance of the petitioner is, as stated in the petition i.e. "... the behaviour of the learned Sessions Judge manifestly shows that the petitioner would not get a fair and just hearing".

Further submission is to the effect that the petitioner is innocent and a student and, if arrested, may be subjected to pressure and torture by the police and that the resulting physical and mental loss can never be made and, finally, that the petitioner has a genuine apprehension that it was not possible for the learned Sessions Judge to do justice under such circumstances.

3. The Court has given its anxious consideration to the arguments advanced in support of the present transfer petition, as recorded above, but, however, the Court is constrained to observe that the circumstances highlighted, per se, fail - to make out a case for transfer, as it is expected of the judicial experience, legal acumen and senior status of the Judge in question to be able to withstand any undue pressure from any quarter whatsoever to discharge his judicial functions in consonance with the manifest undertaking of his office to the effect that he shall render justice and decide cases without fear or favour or ill-will or affection, and that he shall do so to further strengthen the time honoured principle of law for the confidence inspiring administration of justice to the effect that justice shall not only be done, but shall appear to have been done.

4. In addition thereto, the Court is constrained to observe that it is unfortunate that the petitioner/accused has failed to obtain the services of a local counsel from the members of the Bar of Rahimyar Khan, if that be true, yet it may be possible for the petitioner to be able to engage the services of a counsel from amongst the members of some other Bar Association. In this respect, the Court is further constrained -to observe that it is the right of every person, accused of howsoever heinous crime and the occurrence in question, is no less heinous in nature---, under the law to be represented by a learned counsel of his own choice and that, .if for some reason at may not be possible the concerned Court, if possible, may take care thereof in accordance with law.

5. So far as the fear of the-petitioner is concerned regarding his arrest and torture etc., it may be pointed out that the law provides sufficient remedial measures that can be invoked in that respect at every stage of the investigation and hearing of the case to forestall the same from happening.

6. With the above observations, the present transfer petition is hereby dismissed.

N.H.Q./T-106/L Petition dismissed