1983 P Cr (PLP)

as all the three petitions seek transfer of the case from the Court of Mr Waqar Ahmad, Special Judge (Anti-Corruption), Multan (Camp at Sahiwal) to some other Court of competent jurisdiction at Lahore, on the same grounds.

2. The facts necessary for the purposes of this judgment, briefly stated, are that the petitioner is the complainant in three cases instituted by him against the accused-respondents which are pending in the Court of Mr. Waqar Ahmad, Special Judge (Anti-Corruption), Multan (Camp at Sahiwal), as detailed below Case out of which Cr. M. No, 81/T-1982 has arisen under sections 21/109, 477/201, P.P.C. Cr. M. No. 82/T-1982 has arisen under section 409/166, P.P.C. and Cr. M. No: 83/T-1982 has arisen under section 506/342/161, P.P.C. read with section 5 (2) 47,P. C. A.

3. By my order dated 29th June, 1982, para-wise comments were called for from the learned Special Judge (Anti-Corruption), Multan (Camp at Sahiwal) which have since been received and perused.

4. The learned counsel for the petitioner contended that the attitude of the Presiding Officer towards the complainant-petitioner and his witnesses has throughout the proceedings been indicative of his prejudice towards the petitioner and also showed favourable disposition towards the accused respondents. He in particular referred to the averments in para. 2 of the petition and the affidavit of a witness of the petitioner, namely Nausher, alleging that the Presiding Officer snubbed the petitioner on a date of hear ing and passed sarcastic remarks against the witness Nausher by saying that "the petitioner is a Pir and if it was in his powers he would shoot all the Pirs of the country by Machine Guns. He also asked the witness Nausher whether his wife regularly visits the petitioner because he is Pir". The learned counsel also raised contentions touching the other allegations as levelled in the petition.

5. The learned counsel appearing for the private-respondents sub mitted that he had no objection to the transfer of the case if it is entrusted to any Special Judge (Anti-Corruption) at Multau/Sahiwal.

6. The learned Assistant Advocate-General tin view of the allegations and para-wise comments very candidly submitted that this is a fit case for transfer.

7. The learned counsel for the petitioner, in reply, stated that the petitioner would be satisfied if the cases are transferred to Multan and would not press for their transfer to Lahore.

8. In the para-wise comments on this petition the learned Presiding Officer has admitted that he did pass the remarks that all fake Pirs should be machine-gunned to rid innocent people of their machinations but he qualified this remark by saying that it was general and not intended for the complainant-petitioner.

9. I am constrained to observe that such remarks by Presiding Officers dining proceedings are wholly uncalled for and whether or not those had any effect on the mind of the Presiding Officers they do create a genuine apprehension in the mind of the litigant against whom or against whose class such remarks are passed-that he would not, meet a fair trial in that Court. It is the duty of every Presiding Officer to refrain from passing any remarks which are not relevant to the controversy under adjudication before him and confine himself to the judicial proceedings.

10. Since the first contention raised on behalf of the petitioner gives a reasonable ground for transfer of the case I do not feel inclined to deal with other contentions raised on behalf of the petitioner. 11. 1n view of the foregoing discussion, accepting this petition I direct that the case titled "Pir Muhammad v. Nafees Ahmad Khan and others" under sections 21/109, 477/201, P.P.C. be withdrawn from the Court of Mr. Waqar Ahmad Special Judge (Anti-Corruption), Multan (Camp at Sahiwal) and entrusted to Mr. Feroze Khan, Senior Special Judge, Multan for adjudication in accordance with law. The parties to appear before the learned transferee Court on 6th December, 1982. The Court from which the case has been withdrawn shall ensure the transmission of the record to the learned transferee Court well in advance of the above date. Petition accepted.