1990 PLP 1994 (MLD)

Heared the learned A.A.-G. Applicant/accused Mustoo alias Ghulam Mustafa Kalhoro undertrial prisoner lodged in Central Prison Sukkur addressed application through jail to the Chief Justice, High Court of Sindh, Karachi, in which he made a grievance that he is involved in more than 40 cases pertaining to various districts in Sindh and some of the cases are triable by Magistrates of various Districts, with the result that he is rotting in jail and his cases are not proceeding, hence it is prayed by him that some arrangement may be made for disposal of his cases expeditiously. This application was sent by my learned predecessor to Member Inspection Team of High Court for examination. Superintendent Central Jail Sukkur was asked to give complete list of cases of applicant/accused. After requisite information was obtained, note was put up by Member Inspection Team suggesting that transfer of cases can be made by the High Court on the judicial side as contemplated under Section 526, Cr.P.C., and further that the cases be tried inside Sukkur Jail at one particular venue. So far the correct legal position is concerned, there is no dispute about the fact that High Court is empowered under section 526, Cr.P.C., to transfer cases from one subordinate Court to other or to withdraw the case from such Court for trial before the High Court on the grounds or any one of them mentioned under that section and further procedure is also prescribed for making such transfer application. At the same time there are other provisions in Cr.P.C. which empower the Provincial Government to allow remedies of the nature sought by applicant in this case. Provincial Government is competent under sections 9, 193 and 178, Cr.P.C., to order that case, against one particular accused or cases in particular class be taken up for hearing at a particular place, which can be a prison. Provincial Government under the provisions mentioned above is also competent to appoint any Sessions Judge or Additional Sessions judge to hear those cases as mentioned above as Ex Officio Additional Sessions Judge in jail. For the purpose stated above, Provincial Government has to issue Notification/Notifications to specify the details as well as number of cases which' are intended to be tried in that manner. The view stated above finds full support from the case of Shaukat Hayat v. Government of Sindh and another 1989 SCMR

774. In the list supplied by the Jail, it appears the applicant/accused is facing as many as 48 cases in different Districts and out of them seven are such cases which are not Sessions cases but are criminal cases triable by Magistrates in various Districts. For this problem, also solution is available and Provincial Government is competent under section 14, Cr.P.C., .to appoint one or more Special Magistrates for trial of cases at particular venue. Provincial Government can delegate to such Special Magistrate powers alongwith any limitation which are deemed fit and proper. That Special Magistrate can dispose of all such cases which can be specified in the Notifications, even if they relate to other District. In view of the legal position stated above, it is not necessary for the High Court to pass any order of transfer of cases for the reason that Provincial' Government is fully competent and suitably empowered to deal with the situation and pass necessary orders as are stated above. Copy of this order be sent to the Home Secretary for taking necessary steps in the light of legal position stated above. N.H.Q./M-1162/K Order accordingly.