This is an application under section 526 of the Cr.P.C. By Muhammad Rafiq, complainant; by it, he prays for the withdrawal of the case F.I.R. No. 253 dated 25-9-1987 under-section 302 of the P.P.C.
Pending trial in the Court of the learned Additional Sessions Judge, Sheikhupura. It is alleged that trial of the case was fixed on 19-9-1988 before the learned Additional Sessions Judge but when the complainant was put into the witness-box the defence counsel Ch. Sultan Ahmad Qaiser, Advocate, appeared to state that "he was not ready for doing the eye-witnesses and the same could be taken up the following day." The learned Additional Sessions Judge adjourned the case to 20-9-1988. On that date, the defence counsel again expressed his inability "to do the case", for, he had 15 other cases on his diary on that date. The learned Additional Sessions Judge agreed to adjourn the case to 22-9-1988. The complainant's counsel objected "to the effect that the arrangements earlier made ought to be honoured, and the case be taken the following morning but the learned trial Judge was reluctant to record that and ultimately when pressed he did record the objection of the complainant but added, `I am not aware of that"'. This, it is averred "must clearly show that the trial Court is in complicity with the accused and is delaying the trial for some reason." It is also alleged that "the complainant Muhammad Rafique has A told the learned counsel that a bargain of rupees one lac has been struck with the trial Court through Ch. Sultan Ahmad Qaisar, out of which Rs. 60,000 have been paid and adjournment has been granted to give time to the father of the accused to provide the remaining forty thousand of rupees. "In these circumstances, "the complainant does not expect justice" at the hands of the learned Additional Sessions Judge.
2. An affidavit sworn to by the complainant swearing to the facts stated in the application has been filed. The complainant filed yet another affidavit saying that "a letter from Nazar Hussain, the son of my real sister, had been received and in that he had made mention of that bargain of that trial Judge". The letter marked `A' in original has been appended with this affidavit.
3. In his comments, the learned Additional Sessions Judge has denied the allegations; according to him, it was not within "my notice or hearing" and he was not aware that "the learned defence counsel was willing to conduct the case on 20--9-1988 and that this date should be given for holding the trial of the accused", adding that "even otherwise such an assurance could not be given by the learned defence counsel since he had fifteen murder cases on the said date in his diary". Regarding the allegation that a bargain for Rs. 1,00,000 had been struck, the learned Additional Sessions Judge observed that the allegations were "factually incorrect and the allegation is vehemently denied. I may also add that Ch. Sultan Ahmad Qaiser, the learned defence counsel in this case, enjoys a flourishing practice as lawyer on criminal side. In fact, he is the first choice for engagement as a lawyer in murder cases and his legal practice covers other districts, apart from district Sheikhupura. In my view, such a flourishing lawyer, cannot indulge in such a malpractice. In this view, the expression `not truthful' used in the transfer application in regard to him is "also gross contempt of Court".
4. At the end, the learned Additional Sessions Judge has requested that "the case may kindly be withdrawn from my rile".
5. In view of this request, Kh. Sultan Ahmad, Advocate, counsel for the accused did not oppose the withdrawal of the case from the Court of the learned Additional Sessions Judge. I agree, In view of the allegations in the transfer application, it will, I think, be too embarrassing for the learned Additional Sessions Judge to try this case. I, therefore, withdraw it from his Court and make it over to the Court of the learned Sessions Judge, Sheikhupura.
6. I, however, strongly feel that it will be fair to all concerned, the complainant, the accused, his counsel, Ch. Sultan Ahmad Qaisar, and most of all to the learned Additional Sessions Judge to have an inquiry into the allegations in the transfer application made. I would, therefore, suggest that an inquiry maybe ordered to be held by the Registrar of this Court or by the Member Inspection Team.
A copy of this order may be placed before the Hon'ble Chief Justice for necessary orders.