MUHAMMAD SAEED AND ANOTHER vs THE STATE
This matter arises from a petition challenging an order of the High Court dated 13th April 1983, which refused to transfer a criminal case pending before a Special Magistrate, WAPDA, Lahore. The core legal question before the Supreme Court was whether the High Court erred in declining to transfer the case despite personal allegations leveled against the Special Magistrate by the petitioners. The Supreme Court held that the petition lacked substance and dismissed it, reasoning that it was entirely open to the High Court to accept the explanation provided by the Special Magistrate regarding the personal allegations, particularly when the High Court itself remained unconvinced as to the genuineness of the petitioners' allegations. The key principle laid down is that a superior court's evaluation of the genuineness of allegations against a trial judge and the acceptance of the judge's explanation are valid grounds for refusing the transfer of a case.
- Whether the High Court is justified in refusing to transfer a case when it is not convinced about the genuineness of personal allegations leveled against the trial magistrate?
- Can the Supreme Court interfere with the High Court's exercise of discretion in accepting a Special Magistrate's explanation regarding allegations of bias?
ORDER
1. MUHAMMAD HALEEM, ACTG. C. J.-In this petition the order of the High Court dated 13th of April, 1983, refusing to transfer the case from the Court of Mr. Abdul Wahab Khan, Special Magistrate, WAPDA, Lahore, is challenged. But we see no substance in the petition as it was open to the High Court to accept the explanation of the Special Magistrate in regard to the personal allegations levelled against him, and the moreso when the High Court itself was not convinced about genuineness of the petitioners' allegations.
2. ' Accordingly, there is no merit in this petition, which is dismissed.