2020 M L D 1071
[Balochistan]
Before Abdul Hameed Baloch, J
NOOR MUHAMMAD ---Applicant
Versus
The STATE--- Respondent
Criminal Transfer Application No. 344 of 2019, decided on 16th August, 2019.
(a) Criminal Procedure Code (V of 1898) ---
----S. 526--- Transfer of case---Allegation of sending threatening messages ---Scope ---
Applicant sought transfer of his case from one district to another on the grounds that he was
Minister of the Province and that serious threats of dire consequences had be en extended to
him by the complainant ---Applicant had alleged the threatening messages from the
complainant but he had not produced copies of the messages or report from the concerned quarter ---Mere mentioning in the application that threatening messages w ere delivered,
without cogent reasons, could not be considered---Applicant had not produced any convincing material nor mentioned such authority to which he approached to lodge the complaint ---Simply on apprehension of the applicant for danger to his life a murder case
could not be transferred---Reason given by the applicant for his security had no sanctity---Application, being devoid of merits, was dismissed.
(b) Criminal Procedure Code (V of 1898) ---
----S. 526 ---Transfer of case--- Scope ---Transfer of ca se cannot be claimed as a matter of
routine or at the wish of the parties unless it is apparent on the face of record that parties
seeking the transfer cannot get fair and just treatment or trial.
(c) Criminal Procedure Code (V of 1898) ---
----S. 526 ---Tr ansfer of case---Scope ---Case not to be transferred from the court of
competent jurisdiction unless the allegations/grounds seeking transfer of the case are supported by strong cogent reasons or convincing evidence.
Altaf Hussain v. State PLD 2014 Sindh 287 ref.
Kamran Murtaza for Applicant.
Wajahat Ali Ghaznavi for the State.
None present for the Complainant.
Date of hearing: 13th September, 2019.
ORDER
ABDUL HAMEED BALOCH, J .---This Criminal Transfer Application has been
preferred by the applicant/accused Noor Muhammad, seeking transfer of the case FIR
No.27/2011, registered with Police Station Sinjavi from the file of learned Sessions Judge, Loralai to any other court of com petent jurisdiction in Quetta.
2. Brief facts of the case are that on 04.11.2011 complainant Haji Abdul Hameed lodged
an FIR No. 27/2011 with Police Station Sinjavi, alleging therein that on the stated date on receipt of information that his son Abdul Qayu m was beaten and taken to hospital, he rushed
to the hospital and found his son lying dead in the pool of blood. Tariq son of Abdul Shakoor told him that after offering the prayer of Jumma he and Abdul Qayum after taking tea were going to home on motorcycl e, when they reached near Haji Peer Muhammad shop, where
they found accused persons namely Baz Muhammad, Raz Muhammad and Haji Noor Muhammad. Accused Raz Muhammad started firing upon them whereas Haji Noor Muhammad attacked upon Abdul Qayum on his head by means of Churri and accused Baz
Muhammad on his chest by means of Churri, due to which Abdul Qayum sustained serious
injuries and fell down on earth, whilst the accused person boarded in black surf vehicle and a
white 2 -D Car and made their escape good fro m the scene, while Abdul Qayyum succumbed
to injuries in the way to hospital.
3. Learned counsel for the applicant contended that the applicant being law abiding
citizen has surrendered himself before the trial court, wherefrom he has been admitted to pre -
arrest bail which was later on confirmed; that being a political entity and a sitting minister of Balochistan Provincial Assembly, serious threats for dire consequences have been extended to the applicant from complainant, on the basis whereof the instant case may kindly be
transferred from Sessions Judge Loralai to any other Court at Quetta.
4. Learned APG also opposed the transfer application and urged for dismissal of the
application.
5. I have heard the learned counsel for the parties and have also gone through the record
of the case. The perusal of record reveals that the applicant is sitting minister of Government of Balochistan. Admittedly the complainant is not holding any such positi on. The security
and liberty of the citizen is sole responsibility of the Government The government is responsible for the security of his minister. It is astonishing when the government cannot provide security to the minister then how will he fulfill his responsibility in respect of general public. It is admitted fact that the transfer of case cannot be claimed as a matter of routine or at the wish of the parties unless it is apparent at the face of record that parties seeking the transfer cannot get fair and just treatment or trial. The applicant has alleged the threatening messages from the complainant side but has not produced copies of the messages or report from the concerned quarter, mere mentioning the threatening messages in the memo
of appeal without cogent reasons cannot be considered. The applicant has not produced any
convincing material nor mentioned such authority to which he approached to lodge the complaint. Simply on apprehension of the applicant for danger to his life a murder case cannot be transferred. Thus, the reason given by the applicant for his security has no sanctity. It is by now well settled law that a case should not be transferred from the court of competent
jurisdiction unless the allegations/ground seeking transfer of the case are supported by strong
cogent reasons or convincing evidence. Reliance is placed on the case of Altaf Hussain v.
State PLD 2014 Sindh 287.
In view of above, the learned counsel for the applicant has failed to point out any
cogent reason or convincing e vidence, as such the application being devoid of merits is
dismissed accordingly.
SA/111/Bal. Application dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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