MIAN MUHAMMAD JAHANGIER, J.~ Heard.
2. Sardar Muhammad Amir Khan, Advocate resident of District Attock and President of Jand Bar Association has moved this petition for transfer of the case bearing FIR No. 23, dated 25.3.2002 registered against him under Section 506, PPC with Police Station Basal, District Attock from the Court of Mian Muhammad Anwar learned Addl. Sessions Judge, Attock, to any Court of competent jurisdiction outside the District.
3. Learned counsel for the petitioner after explaining the background of the litigation in-between the parties, argued that earlier bail petition was transferred to District Islamabad; that the District Naazim Attock Is directly involved in this case, therefore, the petitioner cannot get justice from District Attock Judiciary as the whole judiciary of District Attock. Is prejudice and is fully against the petitioner and, that is why the earlier bail petition in the murder case was transferred to Islamabad, therefore, when the petitioner does not expect justice from the .Judiciary at District Attock, the petition for bail should be transferred outside District Attock.
Which have been opposed by the learned counsel for the complainant in the above-mentioned case, who submitted that the District Nazim cannot have any sort of influence over the entire judiciary of District Attock, moreover, the learned Addl. Sessions Judge, has been posted recently in District Attock, therefore, there is no justification for transfer of the bail petition to any other District as the complainant is a poor fellow who would not be in a position to face the expenses. He referred to the cases reported in "Khadu Bakhsh v. The State" (1997 SCM R 1383 Supreme Court of Pakistan) and Tahir Mahmood v. The State (P.Cr.L.J. 1997 (Lah.) 565) in support of his arguments.
4. I have gone through the order dated 13.5.2002 passed by this Court as a consequence of which the bail petition moved, by the petitioner in the murder case was transferred with this observation that since the petitioner is a practising lawyer and President of the Jand Bar Association and he stands as an accused, so hearing of bail petition in District Attock may create un-rest and in this situation there are chances of in-justice to any party, It appears that the facts and circumstances of the instant case are quite different because now the petitioner is an accused under Section 506, PPC.
5. The point for examination is as to what is the force in the grounds urged by the learned counsel for the petitioner. The involvement of District Nazim and that the position of the petitioner as President of the bar while standing as an accused may have bitter situation outside the Court but the District Nazim cannot have any influence over any judicial officer nor it can be expected that the judicial officers would be having social contacts with the political figures in the District. So the ground urged by the learned counsel for the petitioner carries no force. Even it can be observed that it is a baseless allegation.
6. Whenever the situation is tense in view of the facts and circumstances of the case it is responsibility of the learned Sessions Judge to proceed in the matter with an iron had and should not transfer or allocate such like a case to an Addl.
District and Sessions Judge, but he should jump into the river himself. The object of the post of District and Sessions Judge has never been that the Sessions Judge should it calmly and transfer the sensitive cases to his colleagues or in other words to a little fish but he should himself hear the sensitive cases of this nature and to ensure the justice to the parties and for this reason in the previous- order dated 9.8.2002 it was observed that the learned Sessions Judge shall ensure that the petition for bail shall be disposed of strictly on merits.
7. In view of above circumstances, the petition for bail in the case bearing FIR No. 23, dated 25.3.2002 under Section 506, PPC with Police Station Basal, District Attock after withdrawal from the Court of Addl. Sessions Judge, Attock (respondent No. 2) is transferred to the Court of learned Sessions Judge, Attock with a direction to dispose of the same after hearing the learned counsels for the parties.
With this direction this petition stands disposed of.