ABDUL RAZZAQ and 2 others vs THE STATE
This matter concerns a criminal transfer application filed by the accused, who sought the transfer of their case from the court of the Sessions Judge, Dadu, to another competent court for the pronouncement of judgment. The trial had concluded, but the presiding judge had been transferred, leaving the accused in custody awaiting the final verdict. The core legal question was whether, in the interest of justice and to avoid unnecessary delay for incarcerated accused, a case where the trial has concluded but the judgment remains pending due to the transfer of the presiding judge can be transferred to another court for disposal. The Court held that given the trial was concluded and the parties had reached a compromise, the continued incarceration of the accused solely for the pronouncement of judgment was unjust. Consequently, the Court ordered the transfer of the case to the Court of the IV Additional Sessions Judge, Dadu, with directions to proceed according to law. The key principle established is that procedural delays caused by the transfer of a presiding judge should not prejudice the liberty of accused persons when the trial is complete.
- Can a criminal case be transferred to another court for the pronouncement of judgment if the original presiding judge has been transferred after the conclusion of the trial?
- Does the transfer of a presiding judge after the conclusion of a trial justify the transfer of the case to another court to avoid delay in judgment?
ORDER
1. Granted subject to all just exceptions.
2. Mr. Abbasi learned counsel for the applicant seeks transfer of this case on the ground that Sessions Judge, Dadu had proceeded with the trial of this case, who has been transferred and the case is fixed for judgment. He states that the applicants are in jail since July, 2002. It is submitted that either the Incharge Sessions Judge Dadu may be directed to record the judgment in the case or the matter may be transferred to some other Additional Sessions Judge Dadu for pronouncement of judgment.
' Mr. Rasheed Ahmed Qureshi, learned A.A.-G. Has no objection in view of the aforesaid circumstances.
' Since the trial is Concluded and the complainant Muhammad is said to have not supported the prosecution case as the parties have compromised in the matter outside the Court and the accused are rotting in jail for the announcement of judgment only. The Sessions Case No,207 of 2002 stands transferred to the Court of IV Additional Sessions Judge, Dadu who shall proceed with the case according to law.
' Criminal Transfer Application No,47 of 2003 stands disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.