1. ' SARMAD JALAL OSMANY, C.J.---I have heard learned counsel for the applicant. The main ground taken by the learned counsel for the applicant for transfer. Of Banking Suit No,405 of 2009 pending before the Banking Court No,IV at Karachi, is that the learned Presiding Officer, Mr. Arshad Noor Khan, may perhaps be prejudiced against him as he had assisted Mr. Rasheed A. Rizvi and Mr. Hamid Khan, Senior Advocates of Supreme Court of Pakistan in C.P. No,9 of 2009 entitled as Sindh High Court Bar Association v. Federation of Pakistan and others before the honourable Supreme Court of Pakistan. According to learned counsel, the said C.P., was filed against all those Judges of the superior judiciary who took oath under the P.C.O., which was in violation of the earlier order passed by the Bench of the honourable Supreme Court, therefore, they ceased to be the Judges as the PCO was declared unlawful and ultra vires of the Constitution and void ab initio. Further that all these honourable Judges who were administered Oath under the PCO or appointed/confirmed by Justice (R) A.H.Doghar also ceased to be the Judge as he was not the Constitutional Chief Justice of Pakistan.
2. ' On the other hand, learned counsel for the respondent/ Bank has opposed this application on the ground that it is not the applicant who is seeking transfer of the case but his counsel. In such circumstances, personal affidavit of the council should have been filed in support of the transfer application.
3. I have heard both the learned counsel. In my opinion, although the learned counsel for the applicant may have assisted or conducted any case before the honourable Supreme Court which has impacted negatively on the learned Presiding Officer Mr. Arshad Noor Khan insofar as the judicial proceedings are concerned, is not sufficient to assume that he would be prejudiced towards the learned counsel. Nothing has been said in the transfer application except the anticipation in the mind of the learned counsel that the learned Presiding Officer shall be prejudiced against him, which in my opinion is not be sufficient for transfer of the case. The transfer application is accordingly dismissed.