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Criminal Miscellaneous No. 17‑T of 1982, decided oil 22nd June, 1982.

‑‑‑--S. 526‑Transfer of case‑In order to consider transfer of case, apart from considering allegations levelled in petition, confidence left with petitioner in Court before whom case is pending also be assessed‑Atmosphere in case becoming tainted and apprehension of petitioner double‑fold‑Case transferred in circumstances of case.

Nawab Syed Raunaq Ali's case P L D 1973 S C 236 ref.

Taj Muhammad Khan Langah for Petitioner.

Bashir Muhammad Khan for Respondents.

Tasaddiq Hussain Jilani, A. A.‑G. for the State.

Report and parawise comments have been received from the learned trial Court. It is being urged on behalf of the respondent that the peti tioner has unnecessarily and without any reason tried to malign the trial Court and has actually also cast an aspersion on the learned Sessions Judge and that if the request for transfer of case is allowed, he can repeat the same to any other Court if he feels at any stage that the case is not going on, as per his wishes. Learned counsel for the petitioner has stated that the petitioner never wanted to malign the Courts and that there may be some over‑statement because of his anxiety to get the case transferred as he genuinely started feeling that he will not get justice from the learned trial Court. Learned counsel for the petitioner has stated that the petitioner offers apologies for any insinuations which are considered to be unreasonable.

2. I have gone through the report of the learned trial Court. The learned trial Court has contradicted all the allegations levelled against him, and there does not seem to be any reason to overrule the replies. However, one can discern from the reply that the atmosphere in this case has become tainted and probably the apprehension of the petitioner might have become double‑fold. While considering the transfer of a case to some other Court, not only the allegations levelled therein are to be taken into account but it is also to be assessed whether any confidence is left with the petitioner in the Court before whom the case is pending. Learned counsel for the petitioner has placed reliance on Nawab Syed Raunaq Ali's case (P L D 1973 S C 236), wherein it has been observed that it is of paramount importance that the parties appearing before the Court should have confidence in its impartiality.

3. In the circumstances, it is directed that the case State v. Qamar uz‑Zaman be withdrawn from the Court of Sh. Mahmoodul Hasan Judicial Magistrate, Multan. The learned District and Sessions Judge will entrust this case .to the Court of some Civil Judge exercising powers under section 30, Cr. P. C.

M‑Y.M. Case transferred.

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