Mst. SHARAM KHATOON Alias HAKIM ZADI vs THE STATE And 7 Other
This matter arises from a petition seeking leave to appeal against the dismissal of a criminal transfer application by the High Court of West Pakistan, Karachi Bench. The petitioner had previously obtained an order transferring her criminal case from Naushero Feroze to Tando Allahyar, but subsequently filed another transfer application under Section 526, Code of Criminal Procedure 1898, seeking a further transfer to Hyderabad city on the ground that her life and the lives of her witnesses were in danger. The High Court dismissed the second transfer application. The core legal question was whether the High Court was justified in refusing to transfer the criminal trial to another station despite apprehensions of danger to the petitioner and her witnesses. The Supreme Court of Pakistan upheld the dismissal of the petition for leave to appeal, holding that instead of transferring the case, adequate security arrangements should be provided to ensure safe passage. The key principle laid down is that where security concerns are raised regarding the attendance of parties and witnesses at trial, the appropriate remedy is to direct police protection and escorts rather than disrupting the judicial proceedings through a transfer of the case.
- Whether a criminal case should be transferred on the ground of danger to the life of the petitioner and witnesses?
- Can the Supreme Court direct police escort for witnesses and parties attending a trial instead of ordering a case transfer?
- Section 364, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 526, Code of Criminal Procedure 1898
ORDER
1. WAHIDUDDIN AHMAD, J.-Respondents Nos. 2 to 8 and one Abdullah, since dead, had been challaned in the Court of Civil Judge and First Class Magistrate at Naushero Feroze under sections 364/149/452 and 148, P. P. C. On the 13th February 1969. The petitioner's husband filed a criminal transfer applica--tion known as No. 88 of 1969 in the High Court of West Pakistan, Karachi Bench, in September 1969. A learned Single Judge of the High Court, by order dated the 13th October 1969, transferred the said case from Naushero Feroze to the Court of Mr. Muhammad Saleh Memon, Civil Judge and First Class Magistrate at Tando Allahyar and directed him to proceed with the case from the stage where he left it at Naushero Feroze and disposed it of expeditiously. The petitioner was not satisfied with this order. She moved another transfer application under section 526, Cr. P. C.
2. Known as Criminal Transfer Application No. 131 of 1969 and prayed that as her life and the lives of her witnesses were in danger the case may be transferred to some Court in Hyderabad city. By order dated the 8th December 1969, the same learned Single Judge dismissed the petition. The petitioner seeks permission to file an appeal against the said order.
3. We would, however, direct the Superintendent of Police, Hyderabad to escort the petitioner and her witnesses from Hyderabad city to the Court of First Class Magistrate, Tando Allahyar on the 20th and 21st January 1970, which are said to be the next dates of hearing of the case. The learned officer is also directed to see that the petitioner and her witnesses are also escorted back from the said Court to Hyderabad city on the said dates.
4. Subject to the above remarks, the petition is dismissed.
Cited by 2 cases
- Mirza MUBARAK AHMED NUSRAT vs THE STATE and another 1990 P Cr. L J 1097
- RAZA MUHAMMAD and others vs THE STATE 1990 MLD 1530