ORDER M. MAHBOOB CJ.- This is an application by the complainant, Cihulam Ali for transfer of a case pending before the learned Sessions Judge, Sahiwal to a Court of competent jurisdiction outside the district of Sahiwal.
2. The allegation, according to the complainant is that his maternal grand daughter had been murdered by her in-laws who tried to show it as a case of sui-cide but after inquiry, a case for her murder has been registered which is now pending before the learned Sessions Judge, Sahiwal. It has further been asserted that amongst the accused is an Advocate of long standing who has been the member of the Bar Council as well as a Minister in the Provincial Government. The petitioner/complainant has contended that he has contacted some twenty Advocates but none of them has agreed to appear against the accused-Advocate and his family members in the area.
He expects no justice at the hands of the Presiding Officers working within the jurisdiction of Sahiwal district, In the attendant circumstances, he has requested that the case may be transferred to Lahore especially when he is an infirm and old person and also cannot undertake to the travel to Sahiwal of and on.
3. On the contrary, the learned counsel appearing for the accused/respondents submitted that the allegations levelled against the accused .Are false and that there are many lawyers who are willing to appear against the accused at Sahiwal. He has also asserted that the transfer of the case to Lahore will be prejudicial in the interest of the acused inasmuch as a grandson of the petitioner/complainant is a police officer presently posted at Lahore who is likely to influence the trial of the case.
4. The learned Advocate appearing on behalf of the State, however, submits that he is of the view that in the attendant circumstances of the case, ends of justice would be met if the trial is transferred to some other district than Sahiwal.
5. Having given consideration to the controversy involved, I am of the view that the trial should be conducted at a place where the parties do not have any apprehension that a party has an edge on the other party. There should be a complete impartial atmosphere for trial of a criminal case especially in murder cases. It may also be observed that even if actually there may not be any such tangible proof to give cause for transfer of the case but mere apprehension which can occur in the mind of a genuine litigant is also a-good ground for transfer of a case.
6. In view of the foregoing, I, would allow this application and direct that the case State v.
Muhammad Nawaz under others under section 302/34 PPC registered vide F.I.R. No. 18/1993 with Police Station, Civil Lines, Sahiwal be withdrawn from the Court of learned Sessions Judge, Sahiwal and entrusted to the Court of learned Sessions Judge, Kasur for adjudication in accordance with law.