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Criminal Miscellaneous No. 31-T of 1976, decided on 17th April 1976.
S. 526-Accused, in cases pending trial in a Magisterial Court, well- placed Police Officers-Contention that accused Police Officers would adopt all underhand methods to tamper with prosecution witnesses and no fair or impartial trial could be expected by a Magistrate in such situation, cases be transferred to High Court in its original jurisdiction-Contention, held, not unreasonable in circumstances of case-Transfer of cases to High Court, however, declined on ground of inconvenience and being inappropriate but transferred to Court of District Magistrate.
Muhammad Nawaz v. Ghulam Kadir P L D 1975 S C 327 eel
Sardar Muhammad Latif Khan Khosa for Petitioner.
Muhammad Asif Jan, A. A.-G., Punjab for the State.
Afzal Haider for Respondents Nos. 20, 28, 29, 12, 13, 56 and 57.
D. M. Arbey for Respondents Nos. 14 to 19.
Date of hearing: 17th April 1976.
.-The petitioner has through this petition sought the transfer of the cases pending in the Court of Extra-Assistant Com missioner. Rajanpur to the High Court on the ground that he does not expect fair and impartial trial by the Magistrate because the police officers would allegedly adopt all underhand methods with the support of their colleagues to prevent witnesses deposing against them and even the appearance of the prosecution witnesses would not be effectively enforced by the trial Magistrate.
2. It is not possible to transfer the case to the High Court because it will be inconvenient both for the witnesses and the accused. However, since the accused in the case are well-placed police officers, the petitioner has engendered a reasonable apprehension that the local Magistrate would not be able to do justice and that the matter he dealt with by a Court which would inspire confidence in his mind. That justice is to be done by a Judicial Officer, irrespective of the personalities of the accused admits of no doubt whatsoever. However, the facts and circumstances of this case have led us to think that the apprehension of the petitioner that it will not be possible for the Magistrate to do even-handed justice is not unreasonable. As observed by their Lordships of the Supreme Court in Muhammad Nawaz v. Ghulam Kadir (P L D 1973 S C 327) "It is paramount importance that parties arraigned before Courts should have confidence in their impartiality. It is one of the impor tant duties of a High Court to create and maintain such confidence, and this can be done only by ensuring that, as far as practicable, a party will not be forced to undergo a trial by a Judge or Magistrate whom he reasonably regards as being prejudiced against him." It was further observed that "where events have happened which are bible to be misconstrued, it is better that justice should be done by a Court whose impartiality cannot be doubted. "Whereas we do not think it appropriate to transfer the cases to the original side of the High Court for their trial, we do feel that the cases must be dealt with at a level, which should inspire confidence. The District Magistrate the head of the criminal administration of justice in a District and being the holder of a responsible position is expected to act objectively and fairly; He, in fact, by his conduct has to inspire confidence in the minds of the people.
3. For the foregoing reasons we accept this petition. The case is withdrawn from the Court of Assistant Commissioner Rajanpur, District Dera Ghazi Khan and is transferred to District Magistrate, Mianwali who shall proceed with the trial from day to day and try to conclude it within a month.
Petition allowed.
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