MUHAMMAD IQBAL vs GHULAM SARWAR, ASJ, KASUR and anothers
This petition for leave to appeal was directed against the order of the Lahore High Court dismissing the petitioner's application for the transfer of a criminal case from the court of the Additional Sessions Judge, Kasur. The core legal question concerned whether the trial court's failure to conclude the trial within the stipulated period, as previously directed by the Supreme Court, warranted the transfer of the case and whether the petitioner had lost confidence in the presiding judge. The Supreme Court held that the delay in concluding the trial was not attributable to the inaction of the Additional Sessions Judge, as the previous order was neither officially received nor brought to his notice through proper channels, and further noted that the complainant party failed to ensure the attendance of prosecution witnesses. Consequently, the petition was dismissed, with a fresh direction issued to the trial court to conclude the trial within two months. The key principle laid down is that transfer of a case on the ground of non-compliance with a court's timeline direction is not warranted where the delay is attributable to the parties or lack of official communication rather than judicial inaction.
- Whether a criminal case should be transferred merely due to a delay in concluding the trial when the trial judge had no notice of the previous timeline direction?
- Does the failure of the complainant party to ensure the attendance of prosecution witnesses justify attributing trial delays to the trial court?
- Can a new ground regarding lack of confidence in the presiding judge be raised for the first time during arguments in a petition for leave to appeal?
' MUNIR A. SHEIKH, J.---This petition for leave to appeal is directed against the order of Lahore High Court, Lahore, dated 24-5-2000 through which application of the petitioner seeking transfer of the criminal case from the Court of Mr. Ghulam Sarwar, Additional Sessions Judge, Kasur, has been dismissed.
2. Learned counsel for the petitioner on the last date of hearing complained that in spite of the direction issued by this Court in its order, dated 6-1-1999, to the trial Court to conclude the trial within six months' period, trial Court did not decide the case and even no evidence of witness has been recorded. The petitioner is complainant in 'the said case. A report was called from the learned Additional Sessions Judge who has submitted the same-in which it has been stated that the order, dated 6-1-1999 passed by this Court was not brought to his notice either by any of the parties nor the same was officially received in his Court. According to office report, this Court's order, dated 6- 1-1999 was transmitted to the High Court on 2-3-1999 which is proper channel as the High Court, thereafter, had to intimate the trial Court about the direction.
3. Be that as it may, it has also been reported by the learned Additional Sessions Judge that the complainant party appears to have no interest as the summon issued for appearance of prosecution witnesses were not served or if served, they did not appear therefore, delay if any, was attributable to the complainant himself.
4. Faced with the above situation, learned counsel for the petitioner tried to overcome it by saying that the petitioner has no confidence or faith in the learned Additional Sessions Judge, therefore, case should be transferred. This is a new ground which has been raised during the arguments. We are not inclined to consider this plea in the present proceedings. Suffice it to say that non- compliance of the direction issued by this Court is not on account of inaction of learned Additional Sessions Judge, therefore, he is directed now to conclude the trial within two months positively and report compliance.
5. The petitioner/complainant is directed to bring this order to the notice of learned Additional Sessions Judge himself in addition to its transmission through proper channel.
6. For the aforesaid reasons, this petition is dismissed with the observations made above.