' This judgment shall dispose of the transfer application in hand, namely, Transfer Application No,367-C of 1988, as well as Transfer Applications Nos.366- C, 368-C, 369-C, 370-C, 371-C,and 372- C of 1988.
2. These transfer applications have been made by Abdul Wali Khan, hereinafter referred to as the petitioner, relating to the following seven suits filed against him. They are pending before the Courts mentioned against each:-
(i) Ghulam Rasul v. Abdul Wali Khan.Senior Civil Judge, Gujranwala.
(ii) Nawab Zulfiqar Ali Mamdot v. Abdul Wali Khan. Senior Civil Judge, Lahore
(iii) Ali Mohtasim v. Abdul Wali Khan.Senior Civil Judge, Lahore.
(iv) Nawaz Khan v. Abdul Wali Khan.Senior Civil Judge, Lahore.
(v) Alam AN Syed v. Abdul Wali KhanSenior Civil Judge, Lahore.
(vi) Kh. Habibullah v. Abdul Wali Khan.Senior Civil Judge, Lahore.
(vii) Ghulam Rasul v. Abdul Wali Khan.Senior Civil Judge, Gujranwala.
3. The above suits, inter alia, relate to a book called "Facts are Sacred" written by the petitioner, who is Chairman of the Pakistan National Awami Party. It has been alleged that the petitioner has depicted Quaid-e-Azam Muhammad Ali Jinnah, the Father of the Nation and the creator of Pakistan, as an agent of the British Government. Other disparaging remarks against the Quaid-e- Azam have also been attributed to the petitioner. This, according to the plaintiffs in the above suits, has caused mental anguish to them, and they have, therefore, claimed damages from the petitioner.
4. Prayer made in all the transfer applications is that the said suits may be consolidated because common questions are involved therein and that in view of the importance of the matter, the suits may be tried by the High Court as a Court of original jurisdiction.
5. Learned counsel for the parties agreed to the consolidation of the said suits as they were unanimous that common questions were involved in the above suits and that with a view to avoiding conflicting findings on such questions, they may be disposed of by the one and the same Court. I too appreciate this aspect of the matter.
6. Learned counsel for the parties, however, wanted that the suits may be heard by the High Court itself but I regret my inability to comply with their wishes. My feeling is that in view of the matter involved therein they may neither ki be heard by the learned Senior Civil Judges nor by this Court. I believe that it will be in the fitness of things if they are heard and decided by Mr. Ausaf Ali Khan, District Judge, Lahore. My reasons for taking this view are as follows:-
(i) This Court is already huddled up with thousands of cases which cannot be heard by any subordinate Court. We are anxious for the disposal of those cases instead of hearing cases which, being within the jurisdiction of the lower Courts, can be appropriately disposed of by them.
(ii) Mr. Ausaf Ali Khan, District Judge, Lahore is a very senior judicial officer of extraordinary ability and is on the verge of elevation to the Bench. He is an intellectual figure and is author of a well- known book called {{URDU TEXT }}'." He is thoroughly independent besides being a man of great courage.
(iii) In the past, cases of lot of importance have been tried by the District and Sessions Judges on the original side. For instance, the case of the murder of Dr. Khan Sahib was tried by Mr. SA. Haq as Sessions Judge, Lahore. Eventually, that learned Sessions Judge became the Chief Justice of Pakistan. I believe Dr. Khan Sahib, who served as Chief Minister of erstwhile Province of West Pakistan, was real paternal-uncle of the petitioner. In the said murder case one of the accused was head of the Khaksar Movement, namely, Allama Inayat Ullah Khan Almashriqi. The said case has been reported as Ata Muhammad v. The State PLD 1960 (W.P.) Lahore 111.
(iv) I am also conscious of the fact that if the said suits are tried by the High Court, the party losing before the High Court would be deprived of one right of appeal but if the suits are tried by the learned District Judge, no such loss would be caused. Needless to say that it has been the effort of the Courts that, as far as possible, no one should be deprived of the right of appeal available to him under law.
7. In the circumstances of the suits sought to be transferred and for the reasons enumerated above, therefore, I would like them to be tried by Mr. Ausaf Ali Khan, District Judge, Lahore, himself.
The suits are, accordingly, transferred to him.
8. In view of the joint request of learned counsel for the parties, I direct Mr. Ausaf Ali Khan to expedite the disposal of the cases transferred to him.
9. Transfer Applications mentioned at the outset are disposed of accordingly, with no order as to costs.