MAMOON KAZI, C.J.- The respondents have find appeal against the judgment of Judicial Magistrate, Karachi, South, in respect of their conviction and sentence under sections 448 and 420 P.P.C, which is pending disposal before the learned Sessions Judge South. The present transfer application has been moved by applicant Mst. Rachel Joseph who is complainant in the said case. It has been alleged that the learned Judge has shown interest in the case pending before him, as, according to the applicant the appeal was find in August, 1997 when many other cases were pending before the learned Judge, but the appeal was taken by him for hearing out of tum. The applicant has also made an application to the Member, Inspection Team of this Court, complaining against the learned Sessions Judge, and, therefore, the applicant apprehends that this might have caused annoyance to the learned Sessions Judge who may not be able to do proper justice in the case.
2. The aforesaid allegations are denied by the learned Sessions Judge in the parawise comments received from him. Although, there appears to be no reason to express any doubt in respect of the comments sent by the learned Sessions Judge, but I have no doubt in my mind that even the learned Sessions Judge would not like to hear the case himself in this kind of atmosphere where a party has openly shown doubt about the impartiality of the learned Judge. I am well aware that cases should not be transferred from one Court to another on mere allegations which have not been established and that may produce demoralizing effect on the subordinate judiciary and it is also pertinent to point out that the allegations made against the learned Judge by the applicant have not been established. However, when a transfer application is moved, it tends to create further misunderstanding and it is imperative that cases should not be heard in an atmosphere of mis-trust and the litigant should not have any doubt that if the case is heard by the same Judge, lie might now be hostile towards him. Under such circumstances, I have no doubt, even the Judge himself would not like to hear the case of a party.
3. In the result, the case is transferred from the Court of the learned Sessions Judge, Karachi (South), to the Court of the first Additional Sessions Judge, Karachi (South).