Mst. SHAZIA BEGUM vs THE STATE and others
This matter originated as a petition seeking the transfer of a criminal case, specifically F.I.R. No. 237 of 1994, titled 'State v. Abdul Shakoor etc.', from the Court of the Additional Sessions Judge, Okara, to another competent court. The core legal question concerned whether the transfer of the criminal proceedings was appropriate given the consensus of the parties involved. The Supreme Court of Pakistan, noting that the learned counsel for the respondents did not oppose the request and that both parties agreed to the transfer to the Court of the Additional Sessions Judge, Depalpur, allowed the petition. The Court converted the petition into an appeal and ordered the case to be entrusted to the Additional Sessions Judge, Depalpur, for trial, with a specific direction that the trial be completed by September 30, 1998. The judgment establishes the principle that where parties are in consensus regarding the transfer of a criminal case to a competent forum, such transfer may be facilitated by the Court to ensure the efficient administration of justice.
- Can a criminal case be transferred to another competent court upon the mutual consent of the parties?
- Does the Supreme Court have the authority to set a deadline for the completion of a trial upon transferring a case?
ORDER
1. ' RAJA AFRASIAB KHAN, J.---Learned counsel for the parties have been heard by us. Learned counsel for the petitioner has requested for transfer of the case F.I.R. No,237 of 1994 titled "State v. Abdul Shakoor etc." pending in the Court of Mr. Sardar Ahmed Chaudhary, Additional Sessions Judge, Okara to some other competent Court. Learned counsel for the respondents does not oppose this request. They also agree that the case may be transferred to the file of Mr. Ljaz Ahmad, learned Additional Sessions Judge, Depalpur. In such a situation, the said case shall be entrusted to the above Additional Sessions Judge, Depalpur for trial of the accused. The transferee Court shall complete the trial of the case by 30th of September, 1998. With these observations, this petition is converted into appeal and allowed.