SYED MUHAMMAD FAROOQ SHAH, J.---Through this application under section 28 of the Anti- Terrorism Act, 1997 read with section 526, Cr.P.C. And section 561-A, Cr.P.C, the applicant has sought transfer of Special Case bearing No. 1 of 2005 (old No. 28 of 2014 Re: State v. Saeed Ghani and others) along with other connected matters from the Anti-Terrorism Court Khairpur to any Anti- Terrorism Court at Karachi.
2. Story of the prosecution case as narrated by the applicant/complainant Muhammad Sharif in FIR CR-13/2014 at Police Station Abbad Sukkur lodged on 04.2.2014 is that he was supervisor in Sukkur Township Builders, on the day of incident when he was present along with his security guards and deceased Muhammad Qasim son of Yar Muhammad aged 27/28 years, when four identified and seven unidentified accused persons duly armed with deadly weapons stormed at the place of occurrence in different vehicles by issuing threats of murder. Suddenly, One Rao Muhammad Shakir son of Muhammad Hanif Rajput made straight fire from Kalashnikov upon deceased Muhammad Qassim, who succumbed to the injuries and accused while making aerial firing run away from the place of incident. The concerned police took over the investigation of aforesaid FIR and on completion of usual investigation submitted the charge sheet before the court on 14.3.2014 under section 173, Cr.P.C. Averments of the instant transfer application reveals that due to life threat the applicant/complainant has shifted himself along with his family to Karachi.
3. Arguments heard. Record perused.
4. A perusal of record transpires that earlier a petition along with application under Rule VII of SCCR instituted on 21.1.2014, for transfer of the case from Sukkur to Karachi on a specific plea of harassm ent and threat, filed by the accused was decided by the Hon'ble Chief Justice of this court on 22.1.2014, in the following manner:- "The concerned S.S.P. At Sukkur should ensure affective security to the petitioner in accordance with law."
5. A representation dated 20.10.2014 for transfer of. Special Cases Nos. 28, 29, 30, 31, 32, 33 and 34 of 2014, Crime Nos.13, 15, 16, 17,. 18, 19 and 20 of 2014, registered with Police Station Airport, District Sukkur, made by the Judge Anti-Terrorism Court, Sukkur to the Hon'ble Chief Justice was decided in the following manner:- "May be iransferred to ATC, Khairpur for expeditious disposal strictly on merits".
6. Record shows that subsequently the applicant/complainant B Muhammad Sharif filed the Cr.
Transfer Application No. 85 of 2014 which was dismissed by the Hon'ble Chief Justice vide order dated 02.3.2015, in the following terms:- "Through listed application an apprehension was shown against the trial Judge i.e. ATC Court Sukkur. It is pointed out that now the case has been transferred from ATC Court Sukkur to ATC Court. Khairpur and this fact has also been confirmed by the Registrar of this Court. Thus, the grievance of the applicant has been redressed. Learned Counsel for the petitioner states that applicant also apprehends the same threats before the ATC Court Khairpur. As the scope of this application is only limited with regard to transfer from ATC Court Sukkur that has already been done, this application has become infructuous which is dismissed accordingly. The petitioner, however, shall be free to seek remedy, if at all he has any genuine grievance with regard to his case proceeding before the ATC Court Khairpur".
7. Learned counsel for the applicant submitted that life and liberty of applicant is at stake and there is high probability that any unwanted incident may occur at any time at Anti-Terrorism Court as the accused are criminal minded persons and advanced threats of dire consequences to the applicant/complainant and directed him to withdraw the cases against them and such matter was also reported by the applicant/complainant to the S.S.P. Sukkur.
8. Undeniably, section 28 of 'Anti-Terrorism Act empowers this Court to transfer any case from one Anti-Terrorism Court to another Anti-Terrorism Court if in the interest of justice, or where the convenience or safety of the witnesses or the safety of accused so requires. Section 526, Cr.P.C.
And section 28 of the said Act surely entitled to both parties to move this court for the transfer of the case from one court to another, on the grounds stated in the aforesaid provision of law, therefore, under section 526 read with section 28 of the Anti-Terrorism Act, 1997 a case from one Anti-Terrorism Court to another court may be transferred if reasonable apprehension that the court concerned is not fairly and impartially conducting in the matter, which is a paramount consideration. It is argued by the learned Prosecutor that there are about 50 plus accused persons in eight FIRs, which have been prayed to be transferred from Khairpur to Karachi and if such request is allowed then it will create inconvenience and hardship to the accused persons as number of prosecution witnesses are posted/putting up in the vicinity of Sukkur.
9. Suffice it to say that aforementioned orders passed by the Hon'ble Chief Justice have attained finality as neither review or rectifications of aforementioned orders were sought nor those were challenged before the Hon'ble Apex Court. Mistrust or lack of confidence have not been specifically asserted against the Judge of Anti-Terrorism Court Khairpur, therefore, apprehension or danger to the life of complainant /applicant would hardly be a ground of transfer of case as law enforcement agencies under the command of government are legally and Constitutionally required to maintain law and order and provide necessary legal protection of life, honour and property to all the citizens, indiscriminately. On the contrary, grave inconvenience shall be caused to the accused persons as well as to the prosecution witnesses to attend the Court at Karachi on date of hearings as they have to come from Sukkur. Keeping in view the peculiar facts and circumstances, it would not be expedient in the interest of justice and for the convenience or safety of the witnesses or the accused to transfer the cases pending before Anti-Terrorism Court Judge, Khairpur to Anti- Terrorism Court Karachi; resultantly, the present application is dismissed. However, the concerned D.I.G. Sukkur/S.S.P. Sukkur and S.S.P. Khairpur are directed to provide legal protection to either parties in the manner that undue harassment shall not be caused to the parties while attending the Anti-Terrorism Court @ Khairpur on the date of hearings.