| Case ID |
028a94ee-698a-481f-9096-24fb3c875b9a |
| Body |
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| Case Number |
Criminal Transfer Application No. S-11 and M.As. N |
| Decision Date |
May 08, 2008 |
| Hearing Date |
|
| Decision |
The transfer application was dismissed as the applicant did not provide sufficient material to substantiate the claim that they would not receive fair justice from the Presiding Officer of the trial Court. The Court emphasized that mere apprehension is insufficient for a transfer unless it can be substantiated with reasonable grounds. The applicant's allegations were found to be vague and without specific details, failing to meet the legal requirement for case transfer. Consequently, the application was dismissed in limine. |
| Summary |
In the Sindh High Court case, a transfer application was filed under the Criminal Procedure Code, claiming that the applicant would not receive justice from the current trial Court. The Court ruled that mere apprehensions without credible evidence do not warrant a transfer. The decision highlighted the necessity for substantial proof when questioning the fairness of a trial Court. This case underscores the importance of the integrity of the judicial process and the challenges in seeking case transfers based on subjective fears rather than objective facts. Keywords: case transfer, judicial fairness, Criminal Procedure Code, legal principles, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM DASTAGIR A. SHAHANI
|
| Lawyers |
Not available
|
| Petitioners |
Ghulam Qadir H. Siyal
|
| Respondents |
4 OTHERS,
GHULAM QADIR
|
| Citations |
2009 SLD 713,
2009 MLD 16
|
| Other Citations |
2000 PCr.LJ 1635,
2001 PCr.LJ 1650,
2001 PCr.LJ 1952,
2001 PCr.LJ 2066
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
526,
526(vi),
147,
148,
149,
302,
307,
458,
403
|