' NASIM HASAN SHAH, C.J.---This is a petition under Article 186-A of the Constitution of the Islamic Republic of Pakistan, 1973 for transfer of two Criminal Misc. Petitions (Nos.15 and 16 of 1993) from Peshawar High Court to any other High Court outside the Province of N.-W.F.P.
2. The facts which form the background are that en 14-7-1992 Syed Muhammad Saqlain (who is real brother of Mr. Justice Syed Ibne Ali, Senior Judge of Peshawar High Court) was murdered in his house at Abbottabad. In the F.I.R. Lodged in connection with this incident the petitioner (Muhammad Arshad) was charged as one of the offenders. In view of the seriousness of the incident the Federal Government vide a notification dated 2-2-1993 ordered, in exercise of the powers conferred by subsection (1) of section 5 of the Special Courts for Speedy Trials Act, 1992 that the said case be tried and decided by the Special Court for Speedy Trials, Peshawar (consisting of Mr. Justice Mian Muhammad Ajmal). The mother of the petitioner, feeling apprehensive, made an application to the Federal Government of Pakistan for transfer of the case from the Special Court for Speedy Trials, Peshawar to another Court outside N.-W.F.P. Submitting that Mian Muhammad Ajmal, J. Had, before his elevation, worked as Assistant Advocate-General and Additional Advocate-General of N.-W.F.P. Under Mr. Justice S. Ibne Ali when he was Advocate-General of the Province (before his elevation to the Bench). This plea was accepted by the Federal Government and the case was transferred from the Special Court for Speedy Trials, Peshawar to the Special Court for Speedy Trials, Rawalpindi (Khawaja Mahmood Ahmed) vide a Notification No,F.3(1)93-MC dated 10-3-1993.
3. Feeling aggrieved by the notification dated 10-3-1993 abovementioned of the Federal Government was challenged before the Peshawar High Court through Writ Petition No,248 of 1993 and a Division Bench of the said learned Court vide an order dated 11-4-1993 suspended the operation of the impugned notification. However at the same time a direction was issued that the Special Court for Speedy Trials, Peshawar shall also not proceed with the trial of the case. In the meanwhile another order was passed by the Federal Government on 19-6-1993, thereby the case was transferred back again to the Court of Sessions Judge, Abbottabad for trial in accordance with law.
4. The last mentioned order of the Federal Government dated 19-6-1993 has been questioned through Criminal Misc. No,15 of 1993 and another application (Criminal Misc.No,16 of 1993) submitted for interim relief in connection with the said matter.
5. On 11-7-1993, the Peshawar High Court vide order of even date admitted the Criminal Misc.
Petition No,15 of 1991 to regular hearing and issued notice to the opposite side. In so far as for interim relief (Criminal Misc. No,16 of 1993) is concerned it was directed that in the meanwhile proceedings in the Court of Sessions Judge, Abbottabad be stayed. It is this last mentioned order of the High Court (dated 11-7-1993) which has been challenged through this petition for leave to appeal.
It is thus manifest that the order challenged in this Court by the petitioner through this petition for leave to appeal is only an interim order that the High Court has passed. All the submissions being addressed before this Court against it can also be put forward before the High Court of Peshawar.
No special ground exists for interfering with the interlocutory order of the High Court at this stage.
' The result is that this petition must fail and is accordingly hereby dismissed.