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Criminal Transfer Application No. 296 of 1965, decided act 8th October 1965.

, S. 526‑Transfer of case‑Effect of conduct of trial Magistrate on party appearing before him‑One of primary considerations in cases of transfer -Presiding Officers of Courts must conduct themselves in a manner as not to create any legitimate apprehension in minds of litigant public.

S A. Ashfaque for Applicants.

Mrs. Salma Nasiruddin for Respondents.

Date of hearing: 28th September 1965.

This application for transfer of the four cases pending between the parties before Mr. Abdul Razak Puri, Additional City Magistrate, Karachi, is made principally on the ground that the respondent No. 1, Haseebun Nisa Begum is the mother‑in‑law of Syed Aftab Husain, a Magistrate of the First Class in Karachi and that the rest of the respondents are also related to him respondent No. 3 being a son of respondent No. 1, respondent No. 2 also a relation being an Assistant S. I. P., that these respondents "are proud of the abovesaid position" of Mr. Aftab that they are influencing the trial Magistrate impelling him to pass various orders in the course of the proceedings against them.

2. The cause of the grievance is that the parties are, neighbours, that friendly relations have developed between respondent No. 3 and a daughter of the petitioner. Both these young people were students at College met frequently at the University. In consequence, the hand of the petitioner's daughter Rahana Begum was demanded by the respondent's party who it is contended agreed to the wedlock between the two, but thereafter relations became strained on account of certain demands, resulting in applications being made to the police, and the parties being called upon to keep the peace and be of good behaviour. It was urged that in the course of hearing of one of these cases, No. 30/65 Mr. Aftab Husain had visited, the trial Magistrate, Mr. Abdul Razak Puri in chambers, when Mr. Puri had sent for the case pending between the parties in his chambers and also that Mr. Puri had been discourteous to applicant No. 2, wife of applicant No. 1, who was made to stand outside in the Court verandah whilst respondent No. 1 was allowed to be seated within the Court room. The applicants therefore apprehended that they will not get a fair trial at the hands of the trial Magistrate and, therefore, requested for the transfer of all their cases from his file. A similar application was made to the City and A. D. M., Karachi who rejected the application on the 12th June 1,965 in spite of the fact that the learned A. P. P. appearing before him and conceded that the cases should be transferred.

3. When this petition was filed in this Court on the 26th July 1964 my learned brother Jamil Asghar, J. called for a report from the learned trial Magistrate. This report is dated 12th August 1965 and it generally denies the allegations made, admitting at the same time that respondents 1, 2 and 3 were to his knowledge related to Syed Aftab Husain, contending, however, that this fact did not hamper his course of justice is Court.

4. It is important to note that specific allegation was made in this application of Mr. Aftab Husain having visited the trial Magistrate in his chamber on the date of the hearing of case No. 30/65 and of the file of that case being called by the trial Magistrate in Chambers while Mr. Aftab Husain was still there. The trial Magistrate has not replied to this specific and serious allegation.

5. In cases of transfer one of the primary consideration is the effect of the conduct of a trial Magistrate on the party appearing before him in that particular matter. Since it i admitted that Mr. Aftab Hussain is related to the respondents anti the allegation that he visited the trial Magistrate in his Chamber on the date Case No. 30/65 was fixed for hearing and. the trial Magistrate sent for the R & P and this allegation‑has not been specifically refuted by the trial Magistrate, I feel that the case must be; transferred from the file of Mr. A. R. Puri. It is no necessary to go further into the details of the case suffice it to say that Presiding Officers over Courts must conduct themselves in a manner as not to create any legitimate apprehension in the minds of the litigant public before them.

6. The transfer application is therefore accepted. The four connected cases between the parties will now be transferred from the file of Mr. A. R. Puri. It would be in the interest of justice that the matters be heard and disposed of by the learned City and A. D. M., Karachi, himself.

Application accepted.

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