2025 PLP 336 (MLD)

Khadim Hussain Soormo, J.

Through instant Criminal Transfer Application, applicant seeks withdrawal of Sessions Case No.262 of 2022 (Re-State v. Abdu-s-Sattar and others), emanziting from Crime No.61/2022, registered at Police Station Buxapur. from the board of learned Additional Sessions Judge-I. Kandhkot and its transfer to the court of Additional Sessions Judge-II, Kandhkot or any other court having jurisdiction.

2. At the very outset, learned counsel for the applicant/accused submits that on 14.09.2024, the accused engaged a new counsel, who filed vakalatnama as well as adjournment applications, which were allowed, however, the learned trial court issued show-cause notice on the same day, subsequently the accused were taken into custody; that the applicant has impugned the order dated 04.09.2024 by filing Cr. Misc. Appln. No. S-331 of 2024; that the applicant has lost faith on the learned trial court Judge, therefore, instant proceedings may be transferred to the court of Additional Sessions Judge Kandhkot-II or any other court having jurisdiction for its disposal in accordance with law.

3. Learned counsel for respondent No.2 as well as learned Deputy Prosecutor General, Sindh appearing for the State have also candidly acceded to the proposal given by the applicant for transfer of the proceedings from the Additional Sessions Judge-I, Kandhkot to the Court of Additional Sessions Judge, Kashmore-Kandhkot or any other court having jurisdiction.

4. I heard learned counsel for the applicant/accused, learned counsel for respondent No.2 and learned Deputy Prosecutor General, Sindh and perused the material available on record.

5. Record reveals that the applicant has lost his confidence in the learned trial Court on the ground that on 14.09.2024, the accused engaged a new counsel, who filed vakalatnama as well as adjournment application; which was allowed: however, learned trial court issued Show-Cause Notice on the same day with observation that why the applicant should not be remanded to the jail. In reply thereof, the applicant filed a written application, stating therein that he has no confidence in the learned trial Court, on which the learned trial Court remanded the applicant to jail by way of order dated 14.09.2024, which the applicant has impugned before this court while filing Criminal Miscellaneous Application No. S-331 of 2024.

6. Judicial patience refers to the quality of a judge allowing sufficient time for all parties to present their case, including arguments and evidence, without undue haste. It ensures that each party has a fair opportunity to be heard and that all relevant information is considered before reaching a decision. Halsbury's Laws of England: Volume 10 (Court Proceedings) often discusses the management of court proceedings. including the Judge's role in ensuring fair and patient handling of cases. The text highlights the importance of allowing sufficient argument and evidence presentation time. Halsbury's Laws of England, Volume 11 (Judges): This volume includes discussions on judicial conduct, where patience is implied as par of a judge's duty to manage court proceedings effectively and impartially.

7. The court is mandated to operate with impartiality and without prejudice, ensuring that justice is administered in a manner that upholds the integrity of the judiciary in the perception of litigants. To foster confidence in the judicial system, it is imperative that the court upholds the highest ethical standards as prescribed by the Law. Effective justice can only be realized when both parties are present before the court are provided an opportunity of hearing. However, the rights of the parties must not be restricted, curtailed, or interfered with except as explicitly permitted by law.

8. The Supreme Court has thoroughly examined the issue of a judge's impartiality or potential bias in its judgment in the case of the Government of NWFP and another v. Dr. Hussain Ahmed Haroon and others 2003 SCMR

104. The established legal principle dictates that the transfer of a case from one jurisdiction to another is permissible solely under exceptional circumstances, provided it is demonstrated that such a transfer serves the interests of justice. In this matter, reliance can be placed upon the judgment rendered in the case of All Pakistan Newspapers Society and others v. Federation of Pakistan and others, reported as PLD 2012 SC 1.

9. Prima facie, the argument presented by the counsel for the applicant appears to be valid. In light of these circumstances, the applicant seeks to ensure a fair trial in the ongoing criminal proceedings, a goal that can only be achieved through a foundation of trust in the trial court. In light of the aforementioned circumstances, it is imperative that Sessions Case No. 262 of 2022, currently pending before the learned Additional Sessions Judge-I Kandhkot, be transferred to the Court of the learned II-Additional Sessions Judge, Kandhkot for its disposal in accordance with law.

10. It is anticipated that the learned II-Additional Sessions Judge, Kandhkot, will ensure the expeditious disposal of the aforementioned Sessions Case within a period of one month and submit such compliance report to this court through the Additional Registrar.

11. Consequently, an instant Criminal Transfer Application is disposed of in the above terms. These are the reasons of my short order dated 01-10-2024. JK/A-73/Sindh. Order accordingly.