54/2024 Cr.Tran ADNAN S/O MUHAMMAD ALI (Appellant) V/S THE STATE (Respondent)

54/2024 Cr.Tran ADNAN S/O MUHAMMAD ALI (Appellant) V/S THE STATE (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 08-JUL-24

Primarily, Justice can be achieved only when the court deals in the presence of both parties and the court has the power to move cases from one court to another. But the rights of the parties cannot be curtailed, controlled, or interfered with subject to exceptions provided under the law. It is well-settled law that the transfer of a matter from one court to another could only be granted in exceptional circumstances, where it was shown that the same would be in the interest of justice. Reliance is placed upon the judgment in the case of All Pakistan Newspapers Society & Others vs. Federation of Pakistan & Others PLD 2012 Supreme Court 1. 5. Prima facie the ground raised by the learned counsel for the applicant is tenable based on the reason the trial court is lying vacant since long as such there is no progress in the trial of the applicant in that Court which amounts to keeping the accused behind the bar for indefinite period without trial; in such circumstances, he intends to seek a fair and speedy trial in the criminal case pending adjudication, which is only possible if he the trial court proceeds with the matter. However, in the best interest of justice, coupled with the instance taken by the learned special prosecutor, it would be appropriate for a speedy trial of the case. In such circumstances, judicial proprietary demand that Special Case No. 79 of 2022 arising out of FIR 26/2022 pending adjudication before the Court of CNS-II Clifton Karachi needs to be transferred to the Court of CNS-III for the smooth and speedy trial of the applicant.