Abdul Hameed Dogar, HCJ.--This Constitution Petition has been filed by Jalal-ur-Rehman, petitioner, under Article 186-A of the Constitution of Islamic Republic of Pakistan for transfer of Constitution Petition No, 654/2000 filed by Mrs. Salal Akbar Bugti, Respondent No, 1 in the present petition from the High Court of Balochistan, Quetta, to the Lahore High Court.
2. Briefly stated the facts leading to the filing of this petition are that petitioner along with his co- accused was tried by the learned Additional Sessions Judge-V/Special Judge STA, Court at Quetta in absentia in a case registered against him under Sections 302/147/148/149/120-B/34 PPC on the report lodged by complainant Khursheed Alam for murder of Salal Akbar Bugti at Civil Lines Police Station Quetta. The learned trial Judge on the conclusion of trial, vide judgment dated 31.7.2000 convicted and sentenced the petitioner and his co-accused as under:--
1. Under Section 302(B) Qisas and Diyat R/w 147/148/149/34 PPC to suffer imprisonment for life each in their absentia.
2. Under Section 324 Qisas and Diyat Ordinance to suffer R.I. for seven years with fine of Rs, 10,000/- or in default thereof to suffer S.I. for 6 months.
3. The petitioner did not file any appeal against his conviction and sentence whereas Mrs. Salal Akbar Bugti widow of deceased filed Constitution Petition No, 654/2000 before the High Court of Balochistan, Quetta, for enhancement of sentence of petitioner and his co-accused in which non- bailable warrants of the petitioner leave been issued.
4. It is stated that petitioner was arrested in the murder case of Salal Akbar Bugti on 7.1.1998 by Police Station Satellite Town, Sargodha and his custody was sought by the police at Quetta through Home Department, Government of Balochistan. The requisition of the petitioner was challenged before Lahore High Court, Lahore in a Constitution Petition which was dismissed on 11.3.1998 and the above order of the High Court was also maintained by this Court vide order dated 28.5.1998 passed in Civil Petition No, 265/1998. It is stated that the Government of Balochistan, thereafter, did not take any step for transfer of the petitioner from Central Jail, Sargodha, to Quetta, as there was immediate threat to his life. Later, in a Constitution Petition filed by the petitioner in the Lahore High Court, he was allowed bail vide order dated 18.1.1999 and meanwhile the trial against the petitioner before the ATA Court at Quetta was concluded in absentia in which he alongwith his co-accused was convicted and sentenced as stated above.
5. The notice was issued in the instant petition on 12.2.2007 to the Advocate General Balochistan as well as to the Respondent No, 1 and petitioner was also given an interim protective bail subject to the furnishing of solvent surety in the sum of Rs, 100,000/- with PR bond of the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. Thereafter, the case was adjourned twice for want of service of the respondents and lastly on 5.6.2007 before a Bench consisting of Rana Bhagwandas, the then ACJ and Sardar Muhammad Raza Khan, J. but in view of the difference of opinion of the learned Judges, the matter was referred, to me as a third learned Judge for opinion. The view of his lordship Rana Bhagwandas, the then ACJ was that notice to Respondent Nos, 2, 3, 5 & 6 and Advocate General, Balochistan who were not properly served should be repeated with continuation of interim bail whereas Sardar Muhammad Raza Khan, J. was of the view that the bail granted to the petitioner by this Court on 12.2.2007 was ought to be recalled.
6. The matter was placed before me on 15.9.2007 when learned Additional Advocate General, Balochistan, placed on record application on behalf of Advocate General, Balochistan wherein he consented for transfer of case from Balochistan to any other province. Accordingly, while concurring with Rana Bhagwandas, the then ACJ, the interim protective bail granted to the petitioner was confirmed and notices were issued to the respondents as well as to Advocate General, Balochistan for an early date.
7. We have heard Mr. Zahid Saleem, learned ASC for the petitioner at length and also have gone through the record and proceedings of the Court in the case in minute particulars.
8. Learned counsel for the petitioner vehemently contended that due to animosity between two rival groups of Dera Bugti i,e, Nawab Akbar Bugti and Wadera Khan Muhammad, there is eminent threat to the life of the petitioner as the petitioner being grandson of Wadera Khan Muhammad is the sole surviving head of his tribe and is being chased by Nawab Akbar Bugti tribe. Learned counsel submitted that no counsel/Advocate at Quetta or any other station in the province is ready to appear on behalf of the petitioner and defend him in the case. He added that Mr. Talib Hussain Rizvi, an advocate of Lahore being counsel of the petitioner having been attacked at Quetta, was seriously injured and moreover, in consequence to the similar tribal enmity Mr. Justice Muhammad Nawaz Mari was also done to death. Learned counsel contended that in view of the serious apprehension of death of the petitioner at the hand of his opponent, he has sought transfer of Writ Petition No, 654 of 2000 from High Court of Balochistan to any other High Court in Pakistan.
9. In pursuance of placing on record an application on behalf of 'Advocate General, Balochistan, by the learned Additional Advocate General, Balochistan, that Government of Balochistan has no objection to the transfer of case from Balochistan High Court to any other High Court of Pakistan and in view of the fact that in the Writ Petition, Respondent No, 1 has sought enhancement of sentence of petitioner, we are of the view that it would be in the interest of justice to transfer the writ petition in-question from High Court of Balochistan, Quetta, to the High Court of Sindh at Karachi for its disposal in accordance with law. This Constitution Petition stands disposed of accordingly.