MUHAMMAD AHMAD BAIG vs THE STATE
This matter concerns a transfer application filed by the applicant seeking to transfer a criminal case pending before the IInd Judicial Magistrate, Karachi East, to a court of competent jurisdiction within Karachi South. The applicant contended that the alleged offence occurred within the territorial jurisdiction of District South, thereby rendering the current court's proceedings improper. The Court held that a transfer application is not the appropriate legal mechanism to challenge the territorial jurisdiction of a trial court. The Court determined that such objections regarding jurisdiction must first be raised directly before the trial court currently seized of the matter. If the applicant remains dissatisfied with the trial court's ruling on the jurisdictional objection, the applicant must pursue the prescribed appellate or revisional remedies through the normal legal procedure rather than bypassing the trial court via a transfer application. Consequently, the Court found the application meritless and dismissed it, establishing the principle that territorial jurisdiction disputes should be adjudicated by the trial court in the first instance.
- Is a transfer application the appropriate legal remedy to challenge the territorial jurisdiction of a trial court?
- Must an objection regarding the territorial jurisdiction of a trial court be raised before that court in the first instance?
- What is the proper procedure for a party dissatisfied with a trial court's ruling on a jurisdictional objection?
ORDER
This has become infructuous, in view of the order that I propose to pass at No.2 and is dismissed.
2. This transfer application has been moved on behalf of the applicant seeking transfer of Criminal Case No. 109 of 1998 pending in the Court of IInd Judicial Magistrate, Karachi East, to any other Court of competent jurisdiction in Karachi South. The ground for such transfer is that, according to the counsel, the alleged offence was committed within the jurisdiction of District South and, therefore, the Court in that District will have jurisdiction. This question of jurisdiction should be raised before the concerned Court and filing of transfer application on that ground would not be a proper proceeding. If the applicant considered that the IInd Judicial Magistrate, Karachi East did not have jurisdiction to proceed with the matter, such objection ought to have been taken before that Court and in case the applicant was not satisfied with the order on such objection he should have proceeded according to the normal procedure. This transfer application, therefore, does not merit consideration and is dismissed.
3. In view of the above, this application too has become infructuous and is dismissed.
H.B.T./M.-178/K.