1970 P Cr (PLP)

S. 526-Transfer of Criminal cases-Opposite-party alleged to be desperate and influen tial persons and threatening petitioner and her witnesses with dire consequences-Transfer on this ground sought to a particular place also in same province-Apprehension of such danger existing even there-Transfer application held, rightly rejected by the High Court in circumstances-Superintendent of Police, however, directed to provide police escort for petitioner and her witnesses on dates of hearing. S. Nasiruddin, Senior Advocate Supreme Court (Salima Nasiruddin, Advocate with him) instructed by K. A. Ghani, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 7th January 1970. WAHIDUDDIN AHMAD, J.-Respondents Nos. 2 to 8 and one Abdullah, since dead, had been challaned in the Court of Civil Judge and First Class Magistrate at Naushero Feroze under sections 364/149/452 and 148, P. P. C. on the 13th February 1969. The petitioner's husband filed a criminal transfer applica tion known as No. 88 of 1969 in the High Court of West Pakistan, Karachi Bench, in September 1969. A learned Single Judge of the High Court, by order dated the 13th October 1969, transferred the said case from Naushero Feroze to the Court of Mr.. Muhammad Saleh Memon, Civil Judge and First Class Magistrate at Tando Allahyar and directed him to proceed with the case from the stage where he left it at Naushero Feroze and disposed it of expeditiously. The petitioner was not satisfied with this order. She moved another transfer application under section 526, Cr. P. C. known as Criminal Transfer Application No. 131 of 1969 and prayed that as her life and the lives of her witnesses were in danger the case may be transferred to some Court in Hyderabad city. By order dated the 8th December 1969, the same learned Single Judge dismissed the petition The petitioner seeks permission to file an appeal against the said order. In support of the petition, Mr. Nasiruddin, learned counsel for the petitioner, has contended that respondents Nos. 2 to 8 are desperate and influential persons. They are Hurs and Murids of Peer Pagaro and are threatening the petitioner and the other prosecution witnesses for dire consequences. Accord ing to the learned 'Counsel, if the case is not transferred to some Court at Hyderabad, the petitioner apprehends that she will be put to death. The apprehension of the petitioner was considered by the High Court but was not given much importance A because it cannot be remedied by transferring the case to Hyderabad city. There is no doubt whether the petitioner's' case is heard at Tanoo Allahyar or at Hyderabad, the apprehen sion and danger to her life will be there. In these circumstances, the High Court has exercised the discretion vested in it in a proper manner. We do not consider this a fit case for; interference. We would, however, direct the Superintendent of Police,' Hyderabad to escort the petitioner and her witnesses from; Hyderabad city to the Court of First Class Magistrate, Tando Allahyar on the 20th and 21st January 1970, which are said to be the next dates of hearing of the case. The learned; officer is also directed to see that the petitioner and heir witnesses are also escorted back from the said Court to Hyderabad city on the said dates. Subject to the above remarks, the petition is dismissed. Leave refused.