ALAMZEB vs KAMAL NASIR and others
The petitioner sought leave to appeal against the order of the Peshawar High Court dismissing a criminal transfer application for transferring a murder case from Charsadda to Peshawar. The core legal question was whether a criminal case should be transferred to another district on the grounds of political rivalry, security threats, and subsequent armed clashes near the trial court. The Supreme Court held that the transfer of a case is not warranted merely due to political rivalry or general apprehension of danger to life, particularly when no bias or lack of confidence is alleged against the trial judge, and when security measures such as conducting the trial inside the district jail have been ordered. The key principle laid down is that maintenance of law and order is the responsibility of the government, and security concerns alone—when mitigated by holding proceedings within a secure location like a jail—do not justify the transfer of a criminal trial from the competent forum.
- Whether a criminal case can be transferred solely on the ground of political rivalry and apprehension of danger to life?
- Does the absence of bias or mistrust against the trial judge affect the maintainability of a criminal transfer application?
- Can conducting a trial inside a district jail sufficiently address security concerns raised by a petitioner seeking a case transfer?
- Section 302, Pakistan Penal Code
- Section 324, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
- Section 427, Pakistan Penal Code
ORDER
Abdul Hameed Dogar, J.--Petitioner seeks leave to appeal against the order dated 12.1.2004 passed by a learned Judge in Chambers of the Peshawar High Court, Peshawar, whereby Criminal Transfer Application No, 101 of 2003 regarding transfer of criminal case pending before the learned Additional Sessions Judge, Charsadda, to any other Court of competent jurisdiction at Peshawar, was dismissed.
2. The background leading to the filing of the instant petition is that petitioner Alamzeb lodged F.I.R.
No, 36 dated 2.2.2003 at Police Station Umarzai, District Charsadda, under. Sessions 302/324/148/149/427 PPC against the respondents which case was pending in the Court of learned Additional Sessions Judge, Charsadda. The petitioner apprehending danger to his life and the lives of his witnesses and companions, moved for the transfer of case through abovementioned criminal misc. application. The main plea urged by him in the said application was that while pursuing the case before the learned trial Court at Charsadda, three occurrence had already taken place between the complainant and the accused party who had considerable influence among the masses of the area and on account of which, influx of people used to visit premises of Court duly armed with lethal weapons, endangering the life of the petitioner and his companions besides creating law and order situation.
3. We have heard Mian Habibullah Kakakhil, learned counsel for the petitioner and have gone through the record and proceedings of the case in minute particulars.
4. Learned counsel for the parties mainly urged the transfer of the case on the grounds of security problems, strong political rivalry of ANP and PPP in the area, numerous physical assaults on the lives of the petitioner and his witnesses resulting in registration of three FIRs against them. He also emphasized that it would meet the ends of justice if the case is withdrawn/transferred from the Court of Additional Sessions Judge, Charsadda to any other Court of competent jurisdiction in District Peshawar.
5. The petitioner has neither alleged 'any bias against the Judge of A the trial Court nor has shown any ground of mistrust or lack of confidence in him. Thus the transfer of the case on the ground of political rivalry between the parties and apprehension to their lives would hardly be a ground to transfer the case as it is the duty of the Government to maintain law and order. Moreover, the learned Chief Justice while dismissing the application has ordered that the trial be conducted inside District Jail, Charsadda, which minimizes the apprehension of petitioner as agitated above.
6. Resultantly, the petition being devoid of merit is dismissed and leave to appeal refused.