M.MAHBOOB AHMED, C.J.- This petition under section 526 Criminal Procedure Code seeks transfer of the case titled "State Vs. Talib Hussain etc. Registered vide FIR No.166 dated 16th May, 1990 with Police Station New Multan under sections 302/34 PPC and pending before the Sessions Judge, Multan to a court of competent jurisdiction at Lahore.
2. The learned counsel for the petitioner has contended that the petitioner who is complainant in the aforementioned case alongwith his family shifted from Karachi to Multan few months ago when the occurrence subject matter of the aforementioned FIR happened, in which the brother of the petitioner was killed- It is further submitted that respondents No.1 to 4, the accused in the aforementioned case are desperate persons and permanent residents of Multan and that they have threatened the petitioner and his family members with dire consequences if they depose against them in the Court.
3. The further submission of the learned counsel for the petitioner is that under fear of death the petitioner, his brother and all family members have shifted from Multan to Lahore and genuinely apprehend grave danger to their lives if they go to Multan to appear as witnesses in the case. In the context of the above submissions the learned counsel for the petitioner submits that the case is liable to be transferred so that a fair trial could be conducted.
4. The learned counsel for respondents No.1 to 4 on the other hand has submitted that the trial of the case at Lahore will cause inconvenience to the accused and that the respondents have not threatened the petitioner and are not persons of desperate character.
5. In reply the learned counsel for the petitioner has submitted that cm the last date of hearing some of the respondents came to this Court and after the case was adjourned they followed the counsel and in the presence of two other learned counsel of this Court in harsh tone admonished him as to why he has taken the brief of the petitioner, the learned counsel for the petitioner has also submitted that the respondents were made to leave by the intervention of the two other learned counsel namely Ch. Rafiq Ahmad Bajwa and another and that thereafter he himself contacted the learned counsel for the respondents and apprised him of the situation on the same day.
6. The learned Assistant Advocate-General who in the first instance had submitted that the trial at Lahore may be inconvenient for all concerned in view of the above position narrated by the learned counsel for the petitioner very candidly submitted that in such a situation it may well be that the petitioner's apprehension may be bona fide and genuine.
7. Having given consideration of the controversy I am of the view that in order to have a fair trial conducted without any fear in minds of the witnesses it is essential that the case be tried at a place where the witnesses mid others feel secure.
8. It may be observed that an essential requirement of trial is that it should be conducted in an environment of complete freedom of mind. The attendant circumstances of the case especially the incident with the learned counsel for the petitioner do give rise to circumstances which indicate that the respondents may be acting high-handedly at their own place of permanent residence.
They are also on bail and, therefore, the danger to the petitioner and the Other witnesses appears to be more eminent and genuine.
9. In view of the foregoing discussion I would allow this petition and direct that the case aforementioned titled "State Vs. Talib Hussain and others" be withdrawn from the Sessions Court Multan and entrusted to Mr. Sabah Mohi-ud- Din, Addl. Sessions Judge, Lahore for adjudication in accordance with law.