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Criminal Miscellaneous Application No. 828 of 1981, decided on 7th November, 1982.

-- S. 352, proviso-Jail trial-No accused person, held, has vested right to be tried at particular place as long as his right to fair trial available-Judge who could be trusted for trial of accused cannot be said to be distrusted for trial on same charge in jail as change would only be of venue and not of procedure or mode of trial.

-- S. 352-Jail trial-No prejudice likely to be caused to accused if trial, held, in jail instead of Court premises-Order sought for holding trial in jail more conducive to advancement of justice-Prayer for trial of cases against accused in jail granted.

Muhammad Ibrahim Memon, Addl. A.-G. for the State.

Nemo for Respondent.

Date of hearing : 7th November, 1982.

The respondent Islamuddin is involved in some criminal cases, which are being tried in the Court of Sessions and Magistrates at Karachi. In the meantime he was tried by a Military Court and sentenced to imprisonment for life. He is undergoing the said sentence in Central Jail, Karachi.

The present application has been moved by the Additional Advocate -General praying that the cases against the respondent may be tried within the premises of Central Prison, Karachi. It is stated that the respondent is an accused in three cases pending before some Magistrate at Karachi and two more cases which are pending against him before the IIIrd Addi tional Sessions Judge, Karachi. '

An application was made before the IIIrd Additional Sessions Judge, Karachi, praying that the cases against the respondent may be tried in the Jail. It is alleged that the respondent is a dangerous criminal and his removal from the jail for the purpose of trial before the Courts is a hazard. The learned Additional Advocate-General makes a statement that on an occasion when the respondent was being taken to a Court from Jail. he actually escaped from the custody and remained absconder for Ions time before being apprehended.

A notice was issued to the respondent, who has requested that he may be heard in. person. Such a request has been opposed by the Additional Advocate-General on the same grounds as are urged by him in support of the application.

I have considered the legal and factual position in the present case. No doubt the respondent would be entitled to a free and fair trial, but it cannot at all be said that for the mere fact of the respondent being tried in the Jail by a Sessions Judge or a Magistrate, instead of being tried in the open Regular Court, say prejudice would be caused to the respondent, No accused person has a vested right to be tried at a particular place, as long as his right to a fair trial is available. It cannot be said that Judge who could be trusted for trial of a accused person, should not be trusted for trial on the same charge in Jail. After all the change will only be of venue and not of procedure, or, mode of trial.

In these circumstances, I am clearly of the view that no prejudice would be caused to the respondent if he is tried in Jail, instead of being tried in the Court. 1t would be more conducive to advancement of justice to pass an order of the nature that is sought.

All the cases which are pending against Islamuddin alias Chagga shall be tried by the Judge or the Magistrate before whom the case is pending in the Central Jail, Karachi.

M. Y. H. Petition accepted.

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