1. This application under section 56f-A, Cr. P. C,. has been filed by Mr. Azizullah K. Shaikh on behalf of the appellants, Noubat and others, seeking transfer of Confirmation Case No. 22 of 1979 connected with Criminal Appeal No. J. 142 of 1979, which is presently pending at Sukkur, for hearing and disposal at Karachi. I - have heard Mr. Azizullah K. Shaikh, snd Mr. Abdul Sattar G. Shaikh.
2. The facts of the case are that the appeal was filed by Mr. Abdul Malik Qureshi, an Advocate at Jacobabad, but subsequently Mr. Azizullah K: Shaikh was engaged by the appellants. The appeal was fixed for hearing at Sukkur on 2LII-1980, when Mr. Azizullah K. Shaikh appeared before the Court and filed `Vakalatnama', and, on that date, what happened before the D.. B. At Sukkur may be reproduced verbatim. It reads as follows :- "That the Honourable Division Bench at Sukkur were hearing a part heard Criminal Acquittal Appeal.
3. I made a request for accommodating me and hearing the above Confirmation Case first, which request was not acceded to, and therefore I prayed that the above matter be heard at Karachi. The Honourable Judges were pleased to observe that it would be appropriate for me to move the Chief Justice of this Honourable Court for transfer of this case to Karachi."
4. Mr. Azizullah K. Shaikh contends that the case, though pertaining to Sukkur Circuit, could be heard at Karachi. He, however, states that his clients are unable to pay for the expenses involved in his proceeding to Sukkur for conduct of the case. ' Additionally, he contends that, on account `of -his personal difficulties (not stated in the application), he cannot go to Sukkur.
5. As it is, Mr. Azizullah K. Shaikh, before taking up this engagement, knew that the case pertained to Sukkur Circuit, and would, therefore, proceed at Sukkur. The learned Advocate did go to Sukkur, but, on account of the D. B. Being busy with a part heard criminal acquittal appeal, his case did not proceed. In such circumstances, appropriately Mr. Azizullah K. Shaikh could have waited until the following day, or, sought for a date according to his convenience, but instead ha made a request that the case may be transferred for hearing to Karachi. Sukkur Circuit was established for the purpose of hearing cases arising from the Districts within which the Circuit exercises jurisdiction.
6. Very strong reasons have .To shown for transfer of a case from the Circuit Bench to the main seat, as otherwise the establishment of a Circuit Bench would be rendered meaningless. No such reasons have been shown in this particular case.
7. Mr. Azizullah K. Shaikh has nextly contended that, in some other cases,: the learned Single judge had ordered hearing of Sukkur cases at Karachia This is no doubt true, but it is not known for what reasons such cases were transferred, and, in any case, an order of the learned Single Judge, though entitled. To all respect, is not binding on me.
8. Some notifications have been issued by the predecessor High Court of West Pakistan, and a reference may be made to two out of these notifications, namely, Notification No. 107-S/IV-A. 13, dated the 14th October, 1955, and Notification No. 159-Genl./IV, A. 13, dated the 5th October, 1966.
9. The .Relevant provisions in the notification dated 14th of October, 1955 read as follows "(1) The Benches of the High Court of West Pakistan functioning at Karachi and Peshawar, respectively, shall deal with the work of the High Court of the areas noted against their names and for this purpose all cases, appeals and other proceedings. Pertaining to the areas specified against each Bench and entertainable by the High Court may be instituted before the Bench :--: Karachi.The capital of the Federation Khairpur Division and Hyderabad Division.
10. Peshawar.Peshawar Division and Dera, Ismail Khan Division.
(iii) The cases pertaining to the Quetta and Qalat Divisions may be instituted at the Quetta Registry and those pertaining to the Districts of Bahawalpur, Bahawalnagar and Rahimyar Khan may be instituted at the Bahawalpur Registry.
(iv) The cases pertaining to the Quetta and Qalat Divisions will be heard by the Circuit Court at Quetta and those pertaining to the Districts of Bahawalpur, Bahawalnagar and - Rahimyar Khan by the Circuit Court at Bahawalpur. The dates of sitting of the Circuit Courts will be notified from time to time."
11. The notification dated the 5th .October, 1966 also reads as follows :- "In exercise of the powers conferred by clause (a) of paragraph 1 of Article 4 and Article 9 of the High Court of West Pakistan (Establish--ment) Order, 1955, read with clause 27 of the Letters Patent constituting the High Court West Pakistan, Lahore, and in partial modification of Para. I(v) of Notification of this Court No. 107-S/IV-A. 13, dated the 14th October 1955, the Chief Justice is pleased to allow the litigants of Quetta and Kalat regions the choice to institute their cases both at Karachi and Lahore when there is no sitting at Quetta and that after admission, the case will. Be forwarded to the Registry ~ unless ordered otherwise."
12. It would thus appear that litigants of such Districts as fall within the territorial jurisdiction of the Circuit have the choice to institute their cases both at the Circuit Seat as well as the main seat only for the purpose o admission of a matter, and when there is no sitting at the Circuit Seat, but inevitably after admission of the case, the same has to be forwarded to the Circuit Bench. The words "unless ordered otherwise" do indicate that the Chief Justice has the power to order the hearing of a case, which normal be heard at a Circuit Seat, to be heard at the main seat, but such powers have to be exercised sparingly, and not indiscriminately.
13. I see no substance in this application, which is dismissed.