MUHAMMAD MALIK vs MUHAMMAD FAROOQ and 2 others
This criminal petition was filed under Section 526 of the Code of Criminal Procedure 1898, seeking the transfer of a private complaint case titled 'Muhammad Malik v. Muhammad Farooq etc.' pending under Section 324/34 of the Pakistan Penal Code 1860 before the Senior Civil Judge/Magistrate Section 30, Toba Tek Singh. The petitioner sought transfer on the grounds that he had lost faith in the trial court's impartiality due to certain observations made during proceedings and alleged that the respondents were influential, thereby creating an apprehension that a fair trial would not be possible. The core legal question was whether the petitioner's vague apprehensions of bias justified the transfer of the case. The Court dismissed the petition in limine, holding that the petitioner failed to provide specific dates, times, or concrete material to substantiate the alleged bias. The Court affirmed the principle that while a case should be transferred if there are reasonable apprehensions of an unfair trial, such apprehensions must be based on objective material that would satisfy a reasonable person, rather than mere subjective perception.
- What is the standard for determining whether a litigant's apprehension of an unfair trial is reasonable enough to warrant the transfer of a criminal case?
- Does a mere subjective allegation of bias without specific supporting details constitute sufficient grounds for transferring a criminal case under Section 526 of the Code of Criminal Procedure 1898?
- Section 526, Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' This is a petition under section 526, Cr.P.C. For the transfer of a complaint case titled as "Muhammad Malik v. Muhammad Farooq etc.", under section 324/34, P.P.C. From the Court of Senior Civil Judge/ Magistrate Section 30, Toba Tek Singh to some other Court of competent jurisdiction.
2. The brief facts relevant for the disposal of this petition are that the petitioner instituted a private complaint under section 324/34, P.P.C. Against respondents Nos.1 and 2 in the Court of learned Magistrate, Gojra, District Toba Tek Singh on 8-4-1992. Later on, this case was transferred to the file of learned Senior Civil Judge/Judicial Magistrate, Toba Tek Singh where at present, the same is pending.
3. The petitioner seeks transfer of this case on the ground that he has lost faith for the impartiality of the Court due to certain observations made by the Court during the course of proceedings. The second ground for transfer, is that the respondents are influential persons and the petitioner fears that he may not be able to get a fair trial at the hands of the learned trial Court and has invoked the applicability of the principle of law that justice should not only be done but should be seemed to be done.
4. I have heard the learned counsel at length in support of the grounds mentioned above.
5. I find, nowhere, the learned counsel has given any time and date of the incident which has created this apprehension in the mind of the petitioner that he will not get a fair trial at the hands of the learned trial Magistrate. The law requires that a case should be transferred if there are reasonable apprehensions in the mind of the litigant that he is not going to get a fair trial at the hands of the learned trial Court, the word "reasonable' denotes that the material should be of such a character which would satisfy the objective test that a person after going through that material must come to the conclusion that the apprehensions are well-founded.
6. In the present case, as the petitioner has not given the date, time or other information which could lead to this inference that there is some bias in the mind of the learned Judge, the perceived apprehensions are never good grounds for the transfer of a criminal case.
7. For the foregoing reasons, there is no force in this petition, which is dismissed in limine. Petition, dismissed.
Cited by 4 cases
- LIAQUAT ALI CHANNA vs ADDITIONAL SESSIONS JUDGE, GAMBAT, DISTRICT 2012 P Cr. L J 1979
- Mrs. NIALA JUNAID vs ZOYA SAJID and another 2005 YLR 1754
- MAZHAR IQBAL vs THE STATE 2005 MLD 1364
- LUTUFULLAH vs THE STATE and 9 others 2000 P Cr. L J 1635