Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Criminal Miscellaneous No. 44/T of 1987, decided on 4th May, 1987.
--Ss.528 & 514--Transfer of criminal proceedings--Petitioner, stood surety for the accused before Special Judge, Anti-Corruption who subsequently absconded and said Court issued straightaway non- bailable warrants against the petitioner--Special Judge also made a complaint against petitioner to Punjab Bar Council for proceeding against him--Apprehension entertained by petitioner of not getting fair- trial from the Special Judge, held, was not without substance, in Circumstances--Proceedings trans erred to the file of Senior Special Judge.
Petitioner in person.
Rana Abdul Hamid for the State.
This is an application under section 528, Cr.P. C. for the transfer of case the State v. S.M.K. Lodhi under section 514, Cr.P.C. from the Court of Rao lqbal Ahmad Khan, Special Judge, Anti Corruption, Lahore.
2. Briefly stated the facts are that S.M.K. Lodhi, Advocate stood surety for one Zafar Khan who was involved in a case under section 165-A, P.P. C. He absented from the Court as a result of which proceedings under section 514, Cr.P.C. were initiated against the petitioner. The learned Special Judge issued non-bailable warrants of arrest against him,
3. Transfer is sought on the grounds that there was no justification for the issuance of non-bailable warrants of arrest against the petitioner and he at the most could have been required to pay the amount of bond. It is next submitted that the learned trial Court did not permit the petitioner to submit written applications explaining the position nor is allowing appearance of the counsel on behalf of the petitioner. It is also submitted that the learned Special Judge is a complainant against the petitioner before the Punjab Bar Council.
4. Report and comments were called from the learned Special Judge, Anti-Corruption. He admits the issuance of non-bailable warrants of arrest against the petitioner under section 514(4), Cr.P.C. on the request of the learned Special Public Prosecutor. According to him proceedings were not initiated by him but by his learned predecessor in 1982. The concluding portion of his report is to the following effect:
"It is also to be appreciated that had there been any person other than an Advocate as a surety for accused he could take such a long time in fulfilling his commitment. That being the position is it not a fact that Mr. Lodhi by virtue of his being an Advocate, has misused rather abused his status as an Advocate." There is no denial by the learned Special Judge of having made a complaint against the petitioner to the Punjab Bar Council for proceeding against him.
5. In this view of the matter, the apprehension entertained by the petitioner of not getting fair trial is not without any substance. Accordingly, it would be expedient and in the interest of justice to transfer the proceedings from the Court of Rao Iqbal Ahmad Khan to that of Mr. Ausaf Ali Khan, Senior Special Judge, Anti-Corruption. I order accordingly. The transferee Court shall proceed in accordance with law.
S. G. D./S-49/L Petition allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer