MUHAMMAD JUMMAN DARE vs GHULAM MUHAMMAD and 4 others
The applicant and complainant sought the transfer of a case pending before the Court of the Second Additional Sessions Judge, Thatta, alleging that the trial judge was favourably inclined towards the accused and intended to acquit them through biased conduct. The core legal question was whether sufficient grounds existed for the transfer of a criminal trial from one court to another on the apprehension of bias at the closing stages of the proceedings. The Sindh High Court held that the transfer application lacked merit as the case was already at its closing stages with material witnesses fully examined, and no substantive evidence or material had been brought on record to substantiate the allegations of bias. The Court established the principle that mere apprehension of bias or general allegations against a trial judge, especially at the fag end of a trial without supporting evidence on record, do not warrant the transfer of a case.
- Whether a criminal case can be transferred from a trial court on the mere apprehension of bias by the complainant?
- Does the advanced stage of a trial, particularly when material witnesses have already been examined, bar the transfer of a case?
- What is the evidentiary requirement to substantiate allegations of judicial bias in a transfer application?
ORDER
1. ' The applicant/complainant seeks transfer of the case from the Court of learned IInd Additional Sessions Judge, Thatta on the grounds, that learned trial Judge is favourably inclined towards accused and that by his behaviours, it is evident that he wants to acquit them. Learned counsel concedes that the case is at the closing stages and that material witnesses have already been examined. Nothing has been brought on record to substantiate above pleas. There is no merit in the transfer application and the same is dismissed.