2009 PLP 22 (MLD)

GHULAM DASTAGIR A. SHAHANI, J.

This application is moved on behalf of applicant namely Noor Ahmed Rind for transfer of Sessions case No. 462 of 2007, State v. Noor Ahmed Rind and others, under sections 6/7 ATA, 365, P.P.C. AND 17(4) E.H.O. in Crime No.21 of 2006 of Police Station Bulri Shah Karim, from the file of learned Sessions Judge, Tando Muhammad Khan to any other District, on the ground that applicant apprehends serious danger of his life and liberty at the hands of complainant and Tando Muhammad Khan police. As such it is so difficult for him to appear before the trial Court at Tando Muhammad Khan. Heard learned counsel for applicant, who mostly repeated the same facts. He referred an unreported case of Sardar Sher Muhammad Rind v. The State in Criminal Transfer Application No.52 of 2007, decided at principal seat of this Court vide order, dated 7-8-2007. On the other hand Mr. Allah Bachayo Soomro, learned Additional A.G. states that danger of life from the hands of complainant party or police is not a ground for transfer of the case from the file of one Court to another. Even otherwise no particulars have been disclosed nor quoted any precedent nor submitted any copy of application moved with any forum, in respect of threats or danger of life from the hands of complainant or Police as alleged. As such present application merits no consideration at all and is liable to be dismissed. He relied upon cases of Alamzeb v. Kamal Nasir and others (PLD 2004 Supreme Court 362) and Gul Muhammad and 4 others v. Zawar Hussain and another (2000 PCr.LJ 1217) which is reproduced as under: "Accused had sought the transfer of the case pending against them at Nawab Shah to Hyderabad or to Dadu on the ground of an apprehension of danger to their lives at the hands of the complainant party. Complainant had only two sons who had been allegedly killed by the accused for which they were facing the trial. Accused did not controvert the fact that both the parties were residents of the same surroundings. No specific date, time and place had been mentioned by the accused on which the complainant or any of his companions had advanced threats to them. No physical harm was alleged to have been caused to' the accused for the past seven or eight years during their trial in the Court at Nawab Shah who had been safely reaching back to their destination on all dates of hearing. Grounds raised for transfer of the case did not seem to be well-founded in circumstances. Transfer' application was dismissed accordingly." Heard learned counsel for the parties and perused the material available on record. From face of record and grounds disclosed in the transfer application, no particular incident, date or time has been disclosed, nor applicant has alleged that any Miscellaneous application even was moved by him or by the co-accused with any forum or authority including police, for the purpose of protection etc. Even name of particular person has not been disclosed, who issued threats of dire consequences, nor version of the applicants has been supported by any body, nor produced a copy of application, from which prima facie appears that, he received threats and have a reason or ground for moving the transfer application and there is only word against word. The case referred by learned, counsel for the applicant is distinguishable, having different facts and circumstances and not similar and identical to the present matter whereas law referred by learned Additional A.-G. is so relevant, having mostly same facts based on identical circumstances. In view of above facts and circumstances there is no sufficient ground or reason on the basis of which matter may be transferred from the file of learned Sessions Judge, Tando Muhammad Khan to any other Court. Consequently, present transfer application is dismissed along with other listed application. A.M.R./N-38/K Petition dismissed.