' The present petition contends for the transfer of the case titled "The State v. Muhammad Ashraf Gondal etc." pending in the Court of Mr. Shabbir Hussain Chattha, learned Additional Sessions Judge, Shakargarh, District, Narowal, emanated out of F.I.R. No,247 of 1994 dated 5-8-1994 under section 302/34/196, P.P.C. Read with section 5 of the Prevention of Corruption Act, 1947 registered against the petitioner at Police Station Shakargarh, District Narowal, for having committed the murder of one Samer Mehdi in police custody..
2. Pursuant to the direction vide order dated 3-4-1997 the learned presiding officer has submitted his parawise comments and denied having ever stated that the petitioner shall be meted out deterrent punishment. However, the report further states that the learned trial Court had made an inquiry as to why one Muhammad Riaz, Head Constable No,322/LHC, a relative of the present petitioner, who had not been arrested till date, had indulged in firing, taking into consideration the police investigation in that respect, further stating that he has no objection to the case being transferred to any other Court.
3. Therefore, the Court had opined that, under such circumstances, no case is made out for transfer of the trial of the case against the petitioner from the Court in question whereupon the learned counsel for the petitioner had argued by pressing that "justice should not be done but should appear to have been done" is a cardinal principle of law and as the petitioner did not have faith in the learned trial Court, his case deserves to be transferred to some other Court of competent jurisdiction. In this respect, the learned counsel for the petitioner has placed reliance upon the case titled Muhammad Nawaz v. Ghulam Kadir and 3 others PLD 1973 SC 327 .
4. After giving anxious consideration to the arguments advanced, the contents of the present petition and having perused the principle laid down in the case cited i,e, 'What is a reasonable apprehension must be decided in each case with reference to the incidents and the surrounding circumstances; and the Court must endeavour, as far as possible, to place itself in the position of the applicant seeking transfer, and look at the matter from his point of view, having due regard to his state of mind and the degree of intelligence possessed by him.
Nevertheless, it is not every incident regarded as unfavourable by the applicant which would justify the transfer of the case. The test of reasonableness of the apprehension must be satisfied, namely, that the apprehension must be such as reasonable man might justifiably be expected to have."
' The Court is constrained' to point out that the case relied upon and the relevant portion recorded above from the said judgment, in fact, goes against the petitioner under the facts and circumstances of the instant matter. The firing, referred to in the observation made by the learned trial Court in its report, as stated above, had taken place during the hearing of the case against the petitioner by some other persons, and the allegation is that the said Muhammad Riaz, Head Constable, was also a member of the said party. It may be further emphasized that the target of the said firing was the room/premises of the learned trial Court.
5. Therefore, it is hereby observed that the inquiry/observation made by the learned trial Court was very .Relevant. It is further observed that a senior judicial officer of the rank and status of Additional Sessions Judge is deemed to have sufficient experience and maturity to conduct and conclude the trial of the case without being influenced by any extraneous factors and that if he fails to do so and prima facie there is sufficient proof of it, it shall not only establish his incompetence and inefficiency which, of course, would call for appropriate measures to be taken in that respect by the competent Court/authority but shall make it imperative for the case to be transferred immediately.
6. However, mere observation. Made or a question put to the petitioner in respect of such a heinous incident of firing directed at the Court when the trial against the petitioner was in progress, specially pursuant to police report, which had, perhaps tentatively, come to the conclusion that the firing had been made by the accused amongst whom was Muhammad Riaz, Constable, the relative of the petitioner, can in no way make out a case for transfer of the trial from the Court in question. It may be recorded, that the Court has fully taken into consideration the final observation stated by the Honourable Supreme Court in the judgment relied upon by the learned counsel for the petitioner i,e, PLD 1973 SC 327 and the relevant portion is to the effect that: "What is reasonable apprehension must be decided in each case with reference to the incidents and the surrounding circumstances:-Nevertheless, it is not every incident regarded as unfavourable by the applicant which would justify the transfer of the case."
6. Therefore, pursuant to the above discussion, it is hereby held that apprehension expressed by the petitioner fails to meet the test of "reasonableness" in the instant case under the facts and circumstances highlighted. Hence, the present petition for transfer being devoid of merits, is hereby dismissed.