1990 P Cr (PLP)

There is a office note from Member Inspection Team on the basis of reference from Sessions Judge, Larkana, for trial of cases against accused Hasoo alias Muhammad Hassan in District Jail, Khairpur. Reference was sent by learned Sessions Judge, Larkana, because letter on the subject, dated 8-3-1989 was sent by the Home Department addressed to District Public Prosecutors. It is stated in the said letter that accused Hasoo alias Muhammad Hassan .son of Muhammad Sadiq Narejo is reported to be dangerous prisoner, hence it is decided that cases pending against him may be conducted inside the jail- where he is confined. Note of Member Inspection Team was put up before me on the administrative side with request of learned Sessions Judge, Larkana, for permission to try the cases in District Jail, Khairpur. It also appeared that against the accused named above, there are pending 18 cases, out of which in 14 cases territorial jurisdiction is of Larkana and in remaining 4 cases, territorial jurisdiction is of Shikarpur. In such circumstances as stated above, need was felt that there would be required intervention of the High Court for transfer of cases for trial in Khairpur Jail on account of limitation of territorial jurisdiction. After hearing Mr. Shoukat Hussain Zubedi, AA: G., and M.I.T., it appears that there is no need for the intervention of the High Court in this matter for passing any orders with regard to the transfer of cases from one District to another for the simple reason that the Provincial Government even otherwise is competent and is fully empowered to pass such orders with regard to setting up venue of trial in jail and also nominate any Sessions Judge or Additional Sessions Judge to try cases outside his territorial jurisdiction. In this context with advantage reference can be made conjointly to sections 9, 193 and 178, Cr.P.C. Under section 9, Provincial Government is competent to appoint a Judge for Sessions Court in Sessions Division. Under subsection (2) of this section, the Provincial Government is empowered by general or special order in the official gazette to direct at what place or places the Court of Session can hold its sitting. Under subsection (4) of this section, the Provincial Government is competent to appoint an Additional Sessions Judge of another division to dispose of cases in any division proposed by the Government. Under section 193(2), Cr.P.C. the Provincial Government is competent to direct Additional Sessions Judge or Assistant Sessions Judge to try such cases which are specified by the Government by general or special order. Section 178, Cr.P.C. enables and empowers the Provincial Government to order cases to be tried in different Sessions divisions with the only embargo contained in proviso that no such order can be passed which would be inconsistent with any order of transfer passed by the High Court under section 526, Cr.P.C. Upshot of the reference to different provisions made above is that it is within competence of the Provincial Government to set up venue for the trial of cases of particular accused and also nominate any Sessions Judge or Additional Sessions Judge to try those cases, which are to be specified by the said Government in Notification/ Notifications. Above view is fully fortified by order passed by the Supreme Court of Pakistan in the case of Shaukat Hayat v. Government of Sindh and another in 1989 S C M R

774. In the circumstances, no further interference is warranted by the High Court and the reference is disposed of in the terms stated above. Copy of this order may be sent to the Home Secretary with direction to take steps according to law as are stated in the above order. N.H.Q./S-603/K Order accordingly.