Abdul Qayum alias Bhutto Vs The State

IN THE PESHAWAR HIGH COURT, D.I.KHAN BENCH

FORM OF ORDER SHEET

Date of Order or other proceedings with signature of Judge(s). order or proceedings

01.07.2016 Cr. Misc:(T.A) No.03-D/2016.

Present:- Mr. Shaukatullah Bhittani, Advocate for the petitioner.

MUHAMMAD GHAZANFAR KHAN J.- The instant transfer application has been filed by the petitioner for the transfer of Sessions Case from the Court of Learned Sessions Judge, Tank to the Court of learned Additional Sessions Judge, Tank for disposal.

2.Arguments heard and available record perused.

3.The record appended with the petition reveals that criminal case registered against the petitioners is pending adjudication before the learned Sessions Judge, Tank and the petitioners seek its withdrawal from the diary of learned trial Court and transfer to any other Court on the ground that the

petitioners have lost confidence over the learned trial Court, because the learned trial Court angry upon the present petitioners and biased due to complaint made by them. Moreover, no ground agitated by the petitioners for transfer of case. Merely, because adverse judicial order has been passed against the petitioners would not solely be sufficient ground, justifying transfer of case from learned trial Court. If the petitioners have any grievance against the adverse order, they have remedy to challenge it before higher forum. Such an allegation against a Judicial Officer shall be brushed aside without any second thought for the reason that on one hand it will encourage frivolous blames against the Presiding Officer and on the other hand will increase pressure on the mind of the learned trial Judge, who will not be able to act and do justice with free mind.

4.No doubt reasonable

apprehension in the mind of litigants can

provide a cause to seek transfer of his lis from one to another Court of competent jurisdiction, but at the same time it must also be kept in mind that the Presiding Officers are equally to be protected from frivolous, concocted and baseless allegations. While exercising discretion to transfer a case from one Court to another, a balance has to be struck in order to ensure that the cases are not transferred merely on the basis of supposition unfounded and conjectured

apprehensions.

5.The grounds urged by the

learned counsel for the petitioner for transfer of the case from the court of learned Sessions Judge, Tank are without any substance, lawful basis and justification. The learned counsel for the petitioner failed to bring on record any allegation showing biasness or prejudice of the Presiding Officer. Vague and casual allegation cannot be accepted without adequate proof, which is conspicuously

absent in this case.

6.As observed above mere

apprehension, without any tangible evidence would not be sufficient for transfer of a case from one Court to any other Court. In this view of the matter, the instant application being bereft of merit is dismissed in limine.

Announced.

Aftab/*

JUDGE