' SAYED ZAHID HUSSAIN, C.J.-Seeks transfer of the case i.e, "The State v. Nasir Ali Shah" from the Court of Special Judge Anti Corruption, Multan to Lahore Court.
2. The learned counsel has been heard, who relies upon Muhammad Jamshed v. The State (1985 M LD 66) to contend that in such circumstances when the petitioner is suffering from End Stage Renal Disease (ESRD) and is receiving treatment at Lahore, the transfer of the case from Multan Court to Lahore Court will A facilitate the trial and meet the ends of justice.
3. The material brought on record such as Patient History and prescriptions from Shaikh Zayed Hospital lends support to the assertion of the learned counsel. In response to the reference made by the learned Special Judge Anti-Corruption, Multan for medical examination of the petitioner, it was reported that "he is a patient of Chronic Renal Failure. Presently his clinical condition is bad, due to very high renal parameters." Certificate issued on 7-4-2008 by the Senior Registrar, Department of Nephrology, Shaikh Zayed Hospital, Lahore also goes to show that "he is suffering from ESRD and is on regular hemodialysis twice a week to sustain his life from 4 months." Even from the order sheet of the case (pending before the learned Special Judge Anti-Corruption, Multan) it is evident that due to the inability of the petitioner to be present, the case was being adjourned from time to time. In such circumstances when he is suffering from a serious disease for which he is being treated at Shaikh Zayed Hospital, Lahore and in order to avoid further promulgation of the matter (due to his inability to appear) the transfer of the case from the Multan Court to Lahore Court is fully justified. The assertion of the learned Deputy Prosecutor General that all the witnesses belong to Multan who will have to travel to Lahore for the purpose of their evidence can be taken care of by the transferee Court by making suitable arrangement for recording of their evidence on the date they appear before it. That may even result in expeditious conclusion of the trial.
' In view of the above, the case titled, "The State v. Nasir Ali Shah" is ordered to be transferred to the Court of Senior Special Judge Anti-Corruption, C Lahore who will proceed with the matter in accordance with law. The petition is disposed of accordingly.