1. 'I propose to dispose of Criminal Transfer Applications hearing Nos. 34, 35, 36 and 37/1984 by this single order.
2. The brief facts are that Pakistan Security Printing Corporation, the shares whereof are fully owned by the Government of Pakistan, has filed four separate criminal complaints in the Court of the Sub- Divisional Magistrate (Malir), Karachi. Each one of these complaints is in respect of an offence under section 500, P.P.C. It is stated in the complaint that some foreign countries used to get printing of their currency and bank notes done by the applicant/complainant. The complaint also states that, by undertaking such job of printing, huge amounts in foreign currency are earned by the complainant corporation. The allegations in each one of these complaints is that publication was made by the accused in these cases in their newspapers to the effect that the bank notes and foreign currency documents printed by the applicant/complainant corporation were found missing and were not handed over to the countries, whose printing job had been undertaken.
3. According to the applicant, such allegations were false and malicious. It is further averred that, on account of these allegations, the complainant corporation has also suffered enormously in its business, because the foreign countries find it difficult to repose their trust in the complainant- Company.
4. Mr. Muhammad Hayat Junejo has also made a statement befor me that suits have been filed on the original side of this Court by the applicants in these transfer applications, who are the complainant in the criminal case, for damages and compensation. Such suits are said to be pending.
5. ' The present applications have been made for transfer of the four cases to which the four transfer applications relate from the Court of the Sub-Divisional Magistrate for trial on the Original Side of this Court.
6. ' The request for transfer of these cases for trial on the Original Side is not being opposed before me by the Advocates appearing for the accused/respondent, or, Mr. A.A. Muhammadally, who appears for the State.
7. ' I have given serious consideration to the point, whether these criminal cases should be transferred for trial on the Original Side of this Court, or, may be allowed to be proceeded with by a Court subordinate to this Court. Mr. Muhammad Hayat Junejo has pointed out that in case these complaints remain pending before a Magistrate, or, any subordinate Court, the cases will be extremely delayed, because the subordinate Court will find itself disabled from trying these cases by reason of the fact that similar issues would be involved in the civil suits that are pending on the Original Side of this Court. He also points out that there is a likelihood of conflicting decisions being given on almost same issues by this Court, which is trying the suit, and by the Courts, which will normally hear criminal cases. The further averment is that if the suits pending on the Original Side of this Court are decided early, the criminal Court will have no option, but to follow the findings on fact, which will be recorded by the High Court in the suits. It is stated that this will lead to failure of justice. Mr. Muhammad Hayat Junejo has also pointed out that it is not unknown in the legal annals of this country that criminal cases, involving important persons, or, difficult questions of law and fact, are transferred for trial on the Original Side of the High Court. Reference has been made to the case that Mushtaq Ahmed Gurmani had filed against Z.A. Sulehri in respect of some allegedly scandalous publications. Reference may be made to PLD 1958 Lah.
747. I am reminded of two cases which were tried on the Original Side of this Court. One out of those cases was a proceeding under section 145, Cr.P.C. In which Air Marsha/ Asghar Khan was a party. The case was pending before a Sub-Divisional Magistrate at Sukkur. It was especially remitted to this Court for trial by the Supreme Court. This case, in fact, was tried by me. The judgment in the case may be seen by reference to PLD 1973 SC 327. There are some other cases, namely, Shamsuddin v. Gohar Ayub, Naeem Sabir Mughal v. Nizamuddin and others, which were also tried on the Original Side of this Court.
8. Looking to the seriousness of the charges, the status of the complainant corporation and the accused I am of the view that the ends of justice will be better served by transfer of these four cases for trial on the Original Side of this Court, alongwith the four suits that had been filed and are pending. I nominate Mr. Justice Nasir Aslam Zahid to proceed with all the four suits as well as prosecution cases.