1995 P Cr (PLP)

4. I have heard the learned Assistant Advocate-General. The forthwith order for the transfer of case from the Court of Sessions Judge, Bahawalpur to the Court of Special Judge, Anti-Corruption, Bahawalpur can be passed. However, the matter being that of legal interest, I would like to answer the Reference in detail as under:-- Under section 2(2)(d) of the Special Courts for Speedy Trials (Repeal) Ordinance, 1994 all cases pending before a Special Court at the time of such repeal have been transferred to the respective Courts of Session of the area where the cases were registered against the accused. In the instant case the challan was on the file of the Special Judge, Anti-Corruption, Bahawalpur when the same was transferred vide Notification, dated 25-7-1993 to the Special Court for Speedy Trials, Multan. The case was still pending when all the Special Courts for Speedy Trials stood abolished. The cases were transferred to the Courts of Session. Section 6(1) of the Pakistan Criminal Law Amendment Act, 1958 reads as under:-- "

6. Procedure in trial of cases and powers of -Special _Judges.

(1) The provisions of the Code of Criminal Procedure, 1898, except those of Chapter XXXVIII of the Code, shall, in so far as they are not inconsistent with this Act, apply to the proceedings of the Court of a Special Judge and for the purposes of the said ,provisions the Court of a Special Judge shall be deemed to be a Court of Session trying cases without the aid of assessors or jury and a person conducting prosecution before the Court of a Special Judge shall be deemed to be a Public Prosecutor." A perusal of the aforesaid section 6(1) of the Pakistan Criminal Law Amendment Act, 1958 has made out that the Court of Special Judge, Anti- Corruption, Bahawalpur is also Court of Session which has exclusive jurisdiction to try the cases of penal sections mentioned in its Schedule. Muhammad Bakhsh was an employee of the Provincial Government at the alleged time of the occurrence who is involved in the scheduled offences. Thus, the case which was already on the file of the Special Judge, Anti-Corruption, Bahawalpur on 25-7-1993 when the same was transferred to the Special. Court for Speedy Trials Multan shall have to be heard by the Special Judge; Anti-Corruption, Multan who is also the Presiding Officer of the said Court of Session for the aforesaid purpose.

5. About the transfer of the file by the Sessions Judge, Bahawalpur to the Court of the Special Judge, Anti-Corruption, Bahawalpur I have to express that I was myself posted as Special Judge (Central), Multan. The Sessions Judge, Sahiwal admitted one accused to interim pre-arrest bail against whom the trial was to be conducted by the Special Judge (Central), Multan. After granting the interim relief the Sessions Judge, Sahiwal transferred the file to the Special Judge (Central), Multan. The same was returned by me to the Sessions Judge, Sahiwal with my order re-produced as under:-- "With utmost respects, I have to express my view as under:- That the learned Sessions Judge, Sahiwal is not competent to transfer any matter to the Special Judge (Central) Multan. Legally this application can be transferred by him to this Court by making a request to the. Lahore High Court, Multan Bench, Multan and routing the file through the Lahore High Court, Multan Bench. In view of what has been expressed .above, I express my inability to dispose of this application even due to the absence of Muhammad Waryarn petitioner and his learned Advocate. This application is returned to the learned Sessions Judge, Sahiwal for proceeding further in accordance with law. The file shall be placed before the learned Sessions Judge, Sahiwal on 24-1-1988." The Sessions Judge, Sahiwal referred the matter to the Lahore High Court and the following order was passed by the Honourable Chief Justice and the Judges:-- "The learned Sessions Judge, Sahiwal, had the jurisdiction to entertain the bail applications in the absence of the learned Special Judge. Legally speaking, there was nothing wrong in sending the file to the learned Special Judge for final disposal after allowing interim bail. The objection raised by the learned Special Judge has no substance."

6. The material with respect to the aforesaid matter is contained at pages Nos.558 to 561 of the "Manual of Instructions and Forms" published by Lahore High Court, Lahore during the year 1989. Thus, there was no legal wrong if the file was transferred by the Sessions. Judge, Bahawalpur to the Court of the Special Judge, Anti-Corruption, Bahawalpur without, the intervention of the Lahore High Court. I am tempted to express that all the procedures are meant for advancement of cause of justice and not for the inconvenience of the Bench and Bar as well as the litigants. . .

7. Yet another aspect of the matter cannot be ignored. Muhammad Bakhsh accused is an employee of Government of the Punjab. Had he been an employee of Federal Government and involved under the Scheduled Offence the case was to be heard by concerned Special Judge (Central). In that case as well the matter could not be heard by the Sessions Judge, Bahawalpur and obviously .he was bound to transfer the case to the Court of Special Judge (Central), Multan.

8. Thus, the reference is answered in the terms that the case has to be head by the Special Judge, Anti-Corruption, Bahawalpur before whom the challan had already been submitted before transfer of the case to the Special Court for Speedy Trials, Multan vide Notification, dated 25-7-1993 and that the Sessions Judge; Bahawalpur, was competent to directly send the judicial file alongwith the relevant record to the Special Judge, Anti-Corruption, Bahawalpur without the intervention of the High Court.

9. The Sessions Judge, Bahawalpur shall send the case to the Special Judge, Anti-Corruption, Bahawalpur immediately so that the file i5 placed before the Special Judge, Anti-Corruption on 17-7-1995 who shall proceed further in accordance with law. N.H.O./S-44/L Reference answered.