MEHBOOB Ali and another vs THE STATE
This matter concerns a petition for leave to appeal filed under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, challenging an order of the High Court of Sindh, which dismissed the petitioners' transfer application seeking the removal of their criminal case from the court of the 1st Additional Sessions Judge, Ghotki. The petitioners, facing trial for offences under the Pakistan Penal Code 1860 and the Arms Ordinance 1965, argued that the trial court demonstrated bias by refusing to adjourn their case on a specific date when other cases were adjourned. The core legal question was whether the trial court's refusal to adjourn the proceedings, in compliance with a prior High Court directive to expedite the trial, constituted bias warranting a transfer. The Supreme Court upheld the High Court's decision, holding that the trial court's actions were consistent with judicial directives to avoid delays. The Court affirmed that a trial court’s adherence to directives for the expeditious disposal of cases does not establish bias or grounds for transfer, particularly when the accused appears to be employing delaying tactics.
- Does a trial court's refusal to adjourn a case, in compliance with a High Court directive for speedy disposal, constitute bias sufficient to warrant a transfer?
- Can an accused party seek the transfer of a criminal case on the grounds that the trial court failed to adjourn their matter while adjourning others?
- Is a trial court's adherence to a higher court's directive for the expeditious disposal of a case a valid ground for a transfer application?
- Article 185(3), Constitution of Islamic Republic of Pakistan 1973
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 13(d), Arms Ordinance 1965
ORDER
' NAZIM HUSSAIN SIDDIQUI, J.---The petitioners seeks leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, against the order dated 24-4-2000 of learned Single Judge, in Chamber, High Court of Sindh, Sukkur Bench, whereby the petitioners' Transfer Application No,7 of 2000 was dismissed.
2. The petitioners are facing trial for the offences punishable under sections 302, 34, 337-A(i), P.P.C.
And 13(d) of Arms Ordinance in Crime No,53 of 1998 which was registered at Police Station Daharki.
Prior to this transfer application, twice the petitioners had applied for transfer of their case. Transfer Application No,1 of 1999 was allowed by consent of the parties and the case was transferred from the Court of Sessions Judge, Ghotki. Now,' it is pending for decision before 1st Additional Sessions Judge, Ghotki.
3. The plea taken for transfer of the case is that on 7-12-1999, learned trial Court for certain reasons adjourned all the cases except of the petitioners. It is urged that it showed that the trial Court was interested in the matter. Also, it is contended, like other cases, the case of the petitioners should also have been adjourned. Learned High Court dealing with this contention observed that the trial Court was directed to dispose of the mater without delay and the act of the trial Court not adjourning the matter was in consonance with the direction given by the High Court. The High Court was also of the opinion that the petitioners were interested to prolong the proceedings as much as possible. Learned counsel for the complainant states that the petitioners are adopting delaying tactics and are creating hurdles in final disposal of the case on merits.
4. Under the circumstances, the order of the High Court is not open to exception. Leave to appeal is refused and the petition is dismissed.