2012 PLP 1838 (SCMR)

Laws Cited

Representation

• Syed Zulfiqar Abbas Naqvi, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for Petitioners.
• Basharatullah Khan, Advocate Supreme Court for Respondents.
• Date of hearing: 2nd August, 2012.
• ----S. 526--- Constitution of Pakistan, Art. 185(3)---Petition for transfer of case, refusal of---Mere apprehensions of petitioners---Effect---Accused persons (petitioners) were alleged to have committed the murder of two persons, including an advocate (member of Bar of the District where case was being tried)---Accused persons moved an application before the High Court for transfer of case to another District of the province on grounds that one of the deceased persons was a senior member of the District Bar, who had close relationship with other members of the Bar, therefore, they were unable to avail the services of any senior lawyer from the District---High Court dismissed said application---Validity---Accused persons had not disclosed the name of any senior counsel which they wanted to engage from the District or who had refused to accept their brief---Mere apprehension of accused persons that due to allegations of murder of senior member of Bar, no counsel from the District would accept their brief or that they would not be able to get a fair trial within the jurisdiction of said District, were of no avail---High Court had rightly dismissed transfer application of accused persons---Petition for leave to appeal was dismissed in circumstances.
• ANWAR ZAHEER JAMALI, J.---All the five petitioners herein are nominated accused in Crime No.1, dated 1-1-2012, Police Station Phalia, District Mandi Bahauddin, wherein they have been charged with the allegations of committing murder of two persons Parvez Iqbal, Advocate and Asadullah Khan. Petitioners Nos.1 and 3 have been attributed the role of instigation and connivance, while the remaining three have been attributed active role of firing at the two deceased. After investigation, petitioners have been sent up for trial before the Court of Additional Sessions Judge, Phalia, where, on 26-3-2012 they have been accordingly charged for commission of such heinous crime. On 19-4-2012, petitioners had moved Criminal Miscellaneous No.118-T of 2012 before Lahore High Court, Lahore, seeking transfer of the Sessions Case from the Court of Additional Sessions Judge Phalia to any other District of Punjab, and for this purpose raised the plea that as one of the victims of the crime was senior member of the Bar, who had close contacts and relationship with other senior members of the Bar, therefore, they are unable to avail the services of any senior lawyer from that District.
• "5. The report and parawise comments were called for from the concerned Additional Sessions Judge, Phalia. The perusal whereof reveals that the P.Ws. are attending the court since framing of charge but accused have failed to engage their counsel in spite of direction of learned trial Court. Admittedly the Pervaiz Iqbal deceased was one of the member of the local Bar and he had relations with other Advocates. But it cannot be said that the members of bar can cause any influence upon the trial Court. Learned Presiding Officer has written in his report that he would decide the case on merits without any fear or favour to either of the parties."
• 3. We have heard Syed Zulfiqar Abbas Naqvi, learned Advocate Supreme Court for the petitioners and perused the material placed on record, which reveals that after framing of charge before the trial Court, prosecution witnesses have attended the Court but due to failure of the petitioners to engage their counsel, the case was adjourned by the trial Court with directions to the petitioners to engage their counsel or in case of their failure, they would be provided counsel on State expense. Before the High Court, the petitioners have not disclosed the name of any senior counsel which they wanted to engage from District Mandi Bahauddin and who refused to accept their brief. In any case, mere apprehension of the petitioners that due to allegations of murder of senior member of the Bar at Mandi Bahauddin against them no counsel at that place shall accept their brief or that they will not be able to get fair trial within the jurisdiction of District Mandi Bahauddin are of no avail. The High Court has taken right view in dismissing the transfer application of the petitioners vide its impugned order, which is unexceptionable and calls for no interference.

Headnotes / Summary

Judgment & Decree