Above titled application has been filed for transfer of case titled "State Vrs. Tahir Sarwar" from District Court of Criminal Jurisdiction, Palandri to any other Court of competent jurisdiction.
2. It was argued by the learned counsel for the petitioner that the complainant party was supported by an influential and strong group in Palandri. They had been threatening to kill the accused applicant and his family members and it was very difficult for the applicant to defend himself before District Court of Criminal Jurisdiction-, Pallandri. Even the accused applicant feels insecure in District Jail Pallandri as the close relatives of the complainant were employed there, therefore, the above titled case may be transferred to any other Court of competent jurisdiction.
3. On the other hand it was argued that the allegations leveled against the complainant party were incorrect. The case pertains to District Pallandri, the parties and the witnesses were also resident of the same district and it will be inconvenient for the prosecution to produce witnesses before any other Court, therefore, the application may be dismissed.
4. I have heard the learned Counsel for the parties and gone through the record of the case.
5. It is interesting to note that accused applicant seeks transfer of the case on the grounds that he was threatened by the complainant party and feels insecure in District Jail Pallandri as close relatives of the complainant were employed there while the complainant also filed an affidavit wherein he alleged that in-laws of the accused applicant were residents of Rawalakot, they had been threatening him and if the case stands transferred to District Court of Criminal Jurisdiction, Rawalakot, he will not be able to produce the witnesses and prosecute the case.
6. Normally such type of allegation needs careful consideration but in view of the fact that both the parties claimed that they were threatened by each other, the inference can be drawn that the above mentioned stations were not safe and secure as the intense hostility may result into some further unfortunate incident. Most sad aspect of the episode was that Mr. Sayyab Khalid, a senior advocate and Ex-Speaker of the Azad Jammu & Kashmir Assembly, representing the accused applicant also submitted an affidavit before this Court stating therein that on 11-07-2008 he appeared before District Court of Criminal Jurisdiction, Palandri where the complainant and his father Muhammad Bashir met him, they showed annoyance and talked in threatening tune because of which he feels insecure and in this situation it was difficult for him to represent the accused applicant at Palandri.
7. As said earlier that claim of threatening to each other by the parties needs to be carefully considered but when a senior advocate like Mr. Sayyab Khalid levels such an allegation against one of the parties, the matter becomes that of serious consideration and cannot be treated as a matter of routine.
8. In light of the facts listed above, the case titled "State Vrs. Tahir Sarwar" stands transferred from District Court of Criminal Jurisdiction, Palandri to District Court of Criminal Jurisdiction, Roth, the other nearest Court of competent jurisdiction. Tahir Sarwar accused applicant shall also be shifted from Palandri to Judicial lock up Roth. The parties shall appear before the said Court on 28-07- 2008, the record shall be transmitted accordingly and expeditious disposal by the trial Court shall be appreciated.
The application is accepted in the terms indicated above.