1996 P Cr (PLP)

S. 526

Penal Code (XLV of 1860), S.302/34

Transfer of case

Trial Court did not appear to be at fault in delaying the disposal of the case, rather the delay had occasioned due to non-appearance of defence counsel

Complainant's apprehension about the integrity of the Presiding Officer for the reason that one of the accused had sold out his property was ill-founded

No adverse inference could be drawn either against the party or the Presiding Officer on account of the alleged sale of property

Allegations levelled against the Presiding Officer being devoid of substance, application for transfer of the case from his Court was dismissed. Syed Nadeem Saqlain for Petitioner. Syed Fida Hussain, who is a complainant in the murder case titled The State v. Zulqurnain seeks its transfer from the Court of Mr. Shaukat Hussain Khan, Additional Sessions Judge, Sialkot on the ground that in order to help the accused the learned trial Court is intentionally adopting dilatory tactics to prolong the trial. The petitioner also doubts the integrity of the learned Presiding Officer as according to him one of the accused has sold out his property worth about more than Rs.2,00,000.

2. A report was called from the learned trial Judge. According to him he had tried his best to conclude the trial at an early date but the accused are causing delay as their counsel Mr. Naeem Ullah Khan Sherwani failed to appear on several dates of hearing.

3. From the perusal of the report, the learned trial Court does not appear to be at fault in delaying the disposal of the case. On the other hand, the delay was occasioned due to the non-appearance of the learned defence counsel. The petitioner's apprehension about the integrity of the learned Presiding Officer for the reason that one of the accused had sold out his property is ill-founded. How from this fact it can be inferred that it is meant for payment to the learned Presiding Officer as bribe. The parties engaged in litigation cannot be stopped from entering into money transactions. They may need money for running their business, meeting day-to-day expenses, paying outstanding dues or for meeting the expenses of litigation etc. and if such type of activities on their part are looked with suspicion, there will be no end to transfer applications coming up before the Courts on such grounds. No adverse inference can be drawn either against the party or the learned Presiding Officer on account of the alleged sale of property.

4. For the foregoing reasons, there is no substance in the allegations levelled against the Presiding Officer. Therefore, the application is dismissed with a direction to the trial Court to conclude the trial as expeditiously as possible. N. H. Q./F-11/L Petition dismissed.