MALIK MUHAMMAD QAYYUM, J.~ This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question an order passed by respondent No.1\ in November, 1992 (Annexure-C) whereby the Secretary, Home Department had directed that trial of the petitioners in a case for murder registered against them under section 302/148/149 P.P.C, at Police Station Manga Mandi, Lahore vide FIR No.199 of 1989 be held in Central Jail, Lahore instead of Sessions House.
2. Learned counsel for the petitioner, has relied upon the decision of this Court in Akhlaq Ahmad Vs. Government of Punjab etc. (NLR 1991 Criminal 400) to contend that the executive authority has no jurisdiction to determine the venue of the trial and it is the only Court trying the case which can pass any order in this behalf. This contention of the learned counsel is well-founded and supported by the decision relied upon by him.
3. Faced with this situation, neither the Additional Advocate General nor the learned counsel for the complainant are in a position to defend the impugned order.
4. They, however, submit that the trial of the case which was registered as far back as November, 1989 has been delayed due to the dilatory tactics adopted by the accused and further that as the accused are hardened criminals, the trial in the jail would be in the interest of justice.
5. As regards the delay in the trial, the grievance appears to be fully justified. There appears to be no reason that the case which is under trial for the last four years Should hang on. The Additional Distt. Judge is directed to complete proceedings and announce his judgment within four months from today positively.
6. So far as other aspect regarding the determination of venue of trial is concerned, it is clarified that the order passed by this Court shall not be a bar in the way of trial Court in passing a suitable order keeping in view all the facts and circumstances of the case and law applicable.
With the above observations/directions, this petition is allowed and the impugned order is declared to be without lawful authority and of no legal effect. No order as to costs.