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Criminal Miscellaneous No. 351T of 1986, decided on 25th March 1986.

S.526‑‑Transfer of case‑‑Trial Judge in his parawise comments denying all accusations levelled against him‑‑Allegations that accused had told some body that he would be acquitted because he had contacted trial Judge and that he had also threatened a prosecution witness not to appear as a witness‑‑Trial Judge denied such allegation as false‑ Allegation not relating to an incident which took place in Court or before trial Judge same should have been denied for want of knowledge‑ Trial Court. strongly expressing ifs view by stating that transfer application merited dismissal‑‑Such conduct of trial Judge giving apprehension in mind of complainant party that trial Judge was not impartial‑‑Transfer of case being in interest of both parties, case. was ordered to be transferred.

Malik Noor Muhammad Awan for Petitioner.

Mehr Khan Muhammad Vehniwal and Ch. Muhammad Anwar for the State.

Date of hearing: 25th March 1986.

This is petition under section 526, Cr.P.C. by Muhammad Yamin, petitioner, for the transfer of the case "State v. Abdul Wahid and others" pending in the Court of Mr. Nazir Ahmad, Qureshi, Additional Sessions Judge, Mianwali tar any other Court of competent jurisdiction.

2. On behalf of the petitioner it is submitted that on 21‑12‑1985 whenever the learned trial Judge looked toward Ashiq Hussain, accused, the latter smiled, which was noticed by Khan Zaman, Lambardar, who was present in Court; that on or about 27/28‑1‑1986 another person who appeared to bean Advocate of Lahore, with Ashiq Hussain, accused, proceeded towards the Court of the learned trial Judge, where the Advocate went inside the Court room and after sometime came out and joined Ashiq Hussain, accused; that Ashiq Hussain, accused, told a number of his friends that he had contacted the trial Judge and that he and his companions would be acquitted; that Ghulam Rasool P.W. was threatened by Ashiq Hussain, accused, not to appear as witness, as the accused would be acquitted, because he had already approached f, the learned trial Judge; and that during the course of examination of Ghulam Rasool P.W. as a witness, the learned Judge snubbed and threatened the witness a number of times, so that he could not give correct answers to the questions put to him in his cross‑examination. The affidavit of Ghulam Rasool P.W. has been annexed. The learned trial Judge in his report and parawise comments has denied all the above accusations that have been levelled against him.

3. As regards the allegation in para. 4 that Ashiq Hussain, accused,

had told some reliable persons that he had contacted the learned tria Judge and all the accused would be acquitted and‑that he had also threatened Ghulam Rasool P.W. not to appear as a witness as the would be acquitted, because they had approached the learned Judge, the learned trial Judge has denied the said allegation as false. This allegation does not relate to an incident which took place in Court or before the learned trial Judge and one would imagine that these assertions were such which the learned trial Judge would have denied for want of knowledge, but yet the same has been denied as false. The learned trial Judge has also strongly expressed his view with regard to the present transfer petition by stating that it merits dismissal. I am amaze that a person of the calibre of a learned Additional Sessions Judge should advise this Court what to do. This has given apprehension in the mind of the complainant party that the learned trial Judge is mentally not impartial but disposed against him. I feel that the learned Judge is emotionally involved rather deeply in this case and that the transfer of the case would be in the interest of both the contesting parties. It is in the interest of justice therefore, that this case be tried by some other learned Judge.

4. For the foregoing reaons, this petition is accepted and the case titled "The State v. Abdul Wahid and others" pending in the Court of Mr. Nazir Ahmad Qureshi, Additional Sessions Judge, Mianwali, is hereby transferred to any other Court of competent jurisdiction. The learned Sessions Judge, Mianwali, shall either try the case himself or transfer it to any other Additional Sessions Judge in his jurisdiction.

H. A. K. Transfer application accepted.

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