1997 PLP 1258 (MLD)

(I) that respondents Kashif alias Chand and Saghir Ahmad are politically influential persons; (II) that both Kashif alias Chand and Saghir Ahmad‑‑‑accused are prominent economic giants of the locality who have netted economics strong holds and are well‑connected with all the functionaries of the social life in the district, while he (petitioner) is a poor mechanic having no social grounds; (III) that he (petitioner) and the P.Ws. feel insecure while appearing in the Court of Session at Bahawalnagar; (IV) that Kashif alias Chand and Saghir Ahmad/respondents‑accused are closely related to Sheikh Tallat Mahmood, District Attorney, Bahawalnagar; (V) that the trial of the case is being delayed as the P.Ws. are not being examined. In this respect the dates mentioned are 29‑3‑1995, 26‑4‑1995 and 24‑5‑1995 whereby due to the absence of the learned Advocates for the accused the Trial Court did not proceed; and (VI) that Kashif alias Chand and Saghir Ahmad‑‑‑accused persons participated in the private function (marriage function) in the Canal Rest House, Bahawalnagar on 19‑5‑1995 in the company of the Sessions Judge, Bahawalnagar.

2. The comments have been received from the Sessions Judge, Bahawalnagar who has denied the allegations made against him. However, it is mentioned therein that Sh. Tallat Mahmood, District Attorney, Bahawalnagar is said to be a relative of some of the accused persons.

3. This application has been resisted by the State as well as the accused persons.

4. I have heard the learned counsel for the parties as well as the learned Assistant Advocate‑General and gone through the record before me. Learned counsel for the petitioner‑complainant reiterated the assertions made by the petitioner in the transfer application, while except the relationship of two of the accused with Sheikh Tallat Mahmood, District Attorney, Bahawalnagar the remaining averments have been denied. After giving my serious consideration I have to express my view that all the averments except that of the alleged participation in the marriage functions were available to the petitioner complainant when his previous application for the transfer of the case from the Court of the Additional Sessions Judge Bahawalnagar was filed and disposed of. It means that the transfer of the case out of the district was not required on the aforesaid grounds and the same cannot be given weight while disposing of this transfer application as well. The adjournments have been granted for good reasons as the learned counsel for the accused persons were not available on two occasions and at one occasion learned counsel was not prepared as he had arrived from some outstation in the morning of the relevant date. Hafiz Khalil Ahmad, Sessions Judge, Bahawalnagar is a seasoned judicial officer and the episode of participation in the marriage ceremony of his daughter by the aforesaid two accused Kashif alias Chand and Saghir Ahmad seems to be mud‑slinging. I am not inclined to give any weight to this allegation.

5. The transfer of a Sessions trial out of district cannot be desired in routine. According to the policy of the Lahore High Court, Lahore as well as the Provincial Government the justice has to be administered on the door‑step. The accused persons have engaged their learned counsel who belong to Bahawalnagar. The parties belong to Bahawalnagar. The P.Ws. belong to Bahawalnagar. In the circumstances it would be more convenient for both the parties to get decided the case at Bahawalnagar. According to the shape of scale of justice the equitable treatment has to be granted to the parties and obviously with all the convenience as well. This aspect of the matter leans in favour of the parties equally.

6. For what has been said above, I am not inclined to accept this application and dismiss the same.

7. The Sessions Judge, Bahawalnagar has to fix his cases and to give dates according to his convenience. However, it is impressed that in a Session trial according to the policy of the Lahore High Court, Lahore day‑to‑day hearing should be conducted and keeping in view even the load work short dates should be given. As such he is directed to dispose of this Sessions case till 30‑9‑1995 under intimation to the Additional Registrar of this Court. N.H.Q./R‑195/L Petition dismissed.