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Criminal Miscellaneous Petitions Nos. 112 and 113 of 1970, decided on 23rd November 1970.

Art. 9‑ sate Transfer of criminal cases‑Expression "transfer at any stage the Wahiduddin proceedings pending before a new High Court to another new High Ahmad, Court"‑Cases pending must be before a new "High Court"‑Cases pending before Magistrates in one district cannot be transferred to Courts of Magistrates in other districts under Art. 9.

Criminal Miscellaneous Petition No. 112 of 1970

Mian Hamiduddin, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate‑ on‑Record for Petitioner.

Nemo for Respondents.

Criminal Miscellaneous Petition No. 113 of 1970

Raja Afrasyab, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate‑ on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing : 23rd November 1970.

.‑This order will dispose of two petitions, one filed by Mohammad Ashiq and the other filed by Ghauhar Rahman under Article 58(3) read with Article 9 of the President's Order No. 8 of 1970, for the transfer of their cases pending in the Magistrates' Courts at Karachi. The petitioners' prayer is that the first case be transferred from A. C. M., Karachi to some criminal competent Court at Lahore and the second case may be transferred from the Court of the Additional City Magistrate, Karachi to some competent Court at Abbottabad. Their contention is that in both the cases the Magistrates at Karachi have no jurisdiction to entertain the criminal complaints filed against the petitioners.

It will be noticed that these applications have been made under Article 9 of the President's Order No. 8 of 1970. This provision of law reads as under :‑

"On the application of any of the parties, and after giving notice to the parties and hearing such of them as desire to _ be heard; or of its own motion without such notice, the Supreme Court may at any stage transfer for disposal any proceeding pending before a new High Court to another new High Court."

The above provision clearly shows that this Court has jurisdiction to transfer at any stage the proceedings pending before a new High Court to another new High Court. In the present case, the first case is pending before the Additional City Magistrate, Court No. VIII Magistrate First Class; Karachi, and the other case is pending before Mr. M. U. Hashmi, Additional City Magistrate, Karachi. Thus none of the two cases are pending,, before any new High Court. This Court, therefore, has no jurisdiction to transfer the cases from the Courts of the above Magistrates to some other Courts at Lahore or Abbottabad. Both the petitions are misconceived and are not maintainable under Article 9 of the President's Order No. 8 of 1970. The petitions are, therefore, dismissed.

Petition dismissed.

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