' IMAM ALI G. KAZI, J.--- The facts leading to the filing of the present petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, are briefly stated as follows:-- ' Badloo Kosh, the brother of petitioner Ghulam Muhammad, is being tried for henious offences in variours cases before a number of Courts at Karachi. The Government of Sindh, in order to facilitate the trial of the aforementioned accused, in exercise of their powers under section 9(2), Criminal Procedure Code issued two notifications authorizing the concerned Sessions and Additional Sessions Judges to conduct his trial in those cases inside Central Prison, Karachi. In spite of such notifications no progress was made in the cases which necessitated him to file Constitutional Petition No,D-263 of 1990. The petition was disposed of on 11-7-1990 directing that the trial Judges shall regularly hold the trial at Central Jail and ensure that the cases are brought to an end within six months. In spite of it, a little or no progress has been made in the trial of such cases.
2. Ghulam Muhammad, the brother of the aforesaid undertrial prisoner has filed present petition with following prayers:-- "(a) To direct respondent No,2 to produce the detenu before the various trial Courts as required by law.
(b) To declare that the Notification, dated 1-3-1990 is illegal, void, ultra vires and without jurisdiction.
(c) That the respondent No,1 has no authority vested in law to direct Additional Sessions Judges to hold the trial in the Central Jail in terms of section 9(2), Cr.P.C.
(d) To direct that the various cases against the detenu be tried day to day by one Judge and concluded within one month.
(e) Any other relief this Honourable Court may deem fit and proper be granted under the circumstances of the case."
3. Mr. M. Ilyas Khan, Advocate for the petitioner, contended that the main problem in this case is that on account of involvement of accused in a number of cases, which are being tried by different Sessions and Additional Sessions Judges, no progress has been made in any of the cases. He, therefore, contended that if all the cases against the accused are transferred to one of the Judges, who have been authorized to hold sitting of Courts at Central Prison, Karachi, it will tend to facilitate progress of all the cases. He has filed a list of pending cases against him which indicate that he is being tried in 25 cases before the Judges authorized by the two notifications while one case is pending before the Additional City Magistrate, C.I.A., Karachi. He further contended that in case all cases are ordered to be transferred for trial to one of the authorized Judges he would not press for any other relief sought in the petition.
4. Mr. Aftab Ahmad Akhund, the Advocate-General, Sindh, agrees that the transfer of pending cases against the aforementioned accused person for trial to one of the Judges authorized by the two notifications will be in the interest of expeditious disposal of all the cases.
5. The facts stated in the petition indicate that the undertrial prisoner Badloo Kosh has remained in custody for the trial of such cases since 1988 without making any substantial progress in the trials.
Both the counsel for the parties in this petition agree that it will tend to expeditious disposal of all such cases if the same are transferred for trial to one of the authorized Judges and there can be no objection if in the circumstances of the present case this petition under Article 199 of the Constitution is treated as a transfer application under section 526, Criminal Procedure Code and appropriate orders are passed thereon.
6. The pending cases against the undertrial prisoner Badloo Kosh as per details supplied by the Advocate for the petitioner are given hereinbelow:- PENDING CASES AGAINST ACCUSED BADLOO KOSH SON OF DHANI BUX F.I.R. NO. POLICE STATION SECTIONS COURT 85/86 Liaquatabad U/s 17(3) E.H.O. II-ADJ. (C)
397/84 Joharabad -do- -do- 171/84 -do -do- -do- 476/84 Gulshan Iqbal -do- IV-A.D.J. (E)
110/86 -do- -do- -do- 41/86 J/Quarters -do- -do- 198/84 New Town -do- -do- 199/84 -do- -do- -do- 227/84 -do- -do- -do- 204/86 J/Quarters -do- -do- 69/86 Shahrah-e-Faisal U/s 392/395, P.P.C. -do- 62/83 J/Quarters U/s 307/353, P.P.C. -do- 107/88 Eidgah U/s 17(2) E.H.O. II-A.D.J. (S)
150/86 Liaquatabad -do- II-A.D.J. (C)
226/88 Joharabad -do- -do- 405/86 Gulberg -do- -do- 358/86 -do- -do- -do- 368/88 -do- -do- -do- 398/88 Joharabad U/s 307/353/34, P.P.C.A.D.J.(C)
F.I.R. NO. POLICE STATION SECTIONS COURT 618/88 Liaquatabad U/s 13-D, A.O. II-A.D.J. (C)
43/87 Ferozabad U/s 17(3) E.H.O. IV-A.D.J. (E)
195/85 J/Quarters U/s 392/395, P.P.C. -do- 619/85 Liaquatabad U/s 13-D, A.O. (C)-(D)
477/86 Gulshan-e-Iqbal U/s 307/353/216, P.P.C. IV-A.D.J. (E)
210/85 Nazimabad U/s 17(3) E.P. II-A.DJ. (C)
In view of the circumstances mentioned above, we are treating this petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, as an application under section 526, Cr.P.C. And order that out of the cases pending in the Courts of Sessions Judge, Karachi (Central); II Additional Sessions Judge, Karachi (Central); and IV Additional Sessions Judge, Karachi (East) are transferred for trial to the Court of II Additional Sessions Judge, Karachi (South). The II Additional Sessions Judge, Karachi (South), to whom all these cases are transferred, shall hold his sitting in Central Prison, Karachi, continuously for a week in a month and proceed with the cases from day to day and decide the same within a period of six months.
' In view of above, this petition stands disposed of as indicated above.
Cases transferred.