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Criminal Transfer Application No. 57 of 1965, decided on 25th February 1965.

S. 526‑--Transfer of case--‑Complaint against accused lodged at Karachi‑Complainant seeking transfer of case to original side of High Court‑‑Accused at same time making petition for transfer of case to High Court to be heard at Lahore on ground that atmosphere at Karachi was tense and that his life was also in danger‑‑‑Case directed to be transferred and heard on Original Side of High Court at Lahore--- Counsel named by complainant directed to be appointed as special Public Prosecutor in interest of justice to conduct case on behalf of prosecution on Government expense.

M. Naqvi for Petitioner.

S. Nasiruddin Shah, A.G. with Abdul Qadir Sheikh, Addl. A.G. and Abdul Hakim Khan, for the State.

Sh. Shaukat Ali, for Respondent No. 2.

Date of hearing: 25th February 1965.

Shamsuddin, a resident of Liaqatabad, Karachi, instituted a complaint against Capt. Gauhar Ayub under sections 148, 302/149, 98/149, 436/149 and. 452/142, P. P. C. The complaint was ultimately entrusted to Mr. S. D. Qureshi, C. S. P., City & Addi tional District Magistrate, Karachi. On the 18th of January 1965 the learned trial Magistrate wanted to examine the complainant who, however, put it a petition on the 20th of January 1965, praying that the case be adjourned as he intended to move the High Court for the transfer of the case to the original side of the High Court. On the 24th of January 1965, Capt. Gauhar Ayub instituted a petition at Lahore under section 526, Cr. P. C. praying that the complaint case against him be transferred to the original side of the High Court but be tried at Lahore. In his petition and in his transfer application he submitted that the atmosphere A at Karachi was highly tense and that his life was also in danger.

2. A case can be transferred from one Bench to another by the Chief Justice. I, therefore, decided to hear both the petitions at Karachi.

3. I have heard Mr. Naqvi, learned counsel for the petitioner (Shamsuddin). He has raised the following two objections regarding the transfer of the case to Lahore. According to the learned counsel his client is not in a position to pay the travelling expenses of the witnesses from Karachi to Lahore. I do not see any force in this contention. If the case is tried by the High Court on its original side it will be a "trial", and according to law and the rules Government will have to pay the travelling expenses and the daily allowance of the prosecution witnesses. The second argument of the learned counsel is that the financial position of Shamsuddin does not permit him to engage a counsel at Lahore. I see no force in this contention as well. As I have already stated it will be a "trial" like a sessions trial on the original side of the High Court and the State will be a party to it and the Public Prosecutor will have to conduct the case for the prosecution. In the interest of justice I have asked Shamsuddin to name a counsel whom he wants to engage to conduct the case on behalf of the prosecution. He has stated that he would like Mr. Ali Mukhtar Naqvi, Advocate, to appear for the prosecution. The request is reasonable. I, therefore, direct that Mr. Ali Mukhtar Naqvi, Advocate, Karachi, be appointed as a Special P. P. to conduct this case at Lahore on behalf of the prosecution at Government expenses. Mr. Naqvi undertakes to put in a list of the prosecution witnesses within a week. He can hand over the list to the Additional. Registrar at Karachi who will forward it to Lahore.

4. For the reasons given above, I direct that this case be heard on the original side of the High Court at Lahore. The Judge who will hear the case will be nominated by me after the list of the witnesses reaches Lahore and a date is fixed in the case.

Case transferred.

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