| Case ID |
14861913-bb9d-4d1c-8ec7-9e4a05c14c35 |
| Body |
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| Case Number |
Transfer Application No.28 of 2001 |
| Decision Date |
Jul 06, 2001 |
| Hearing Date |
|
| Decision |
The application for transfer was accepted, and the applications for cancellation of bail pending before the Additional Sessions Judge were transferred to the Court of Sessions Judge for disposal in the interest of justice. The court emphasized that transfer of a case should not be a matter of routine but based on substantial grounds, particularly where there is a legitimate apprehension of unfair treatment. The serious ailment of the petitioner was a significant factor in the decision. |
| Summary |
This case was about the transfer of a cancellation application from the Additional Sessions Judge to another court due to apprehensions of unfair treatment. The petitioners, led by Qazi Muhammad Irshad, expressed concerns over the Additional Sessions Judge's attitude and the handling of their health-related requests. The court ruled that the transfer was warranted to ensure justice and fair treatment, highlighting the importance of a party's confidence in the impartiality of the court. The decision underscores the principles of fairness in judicial proceedings and the need for courts to maintain public confidence in their integrity. Keywords: judicial fairness, transfer of cases, legal representation, court impartiality, criminal procedure. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL HASSAN, J
|
| Lawyers |
M. Akbar Khan Swati,
Abdullah Jan Mirza,
H. Sabir Hussain Tanoli,
Sardar Nasir Aslam,
Sardar Muhazzam Khan
|
| Petitioners |
4 others,
Qazi MUHAMMAD IRSHAD
|
| Respondents |
THE STATE
|
| Citations |
2001 SLD 1282,
2001 PCRLJ 1952
|
| Other Citations |
Akhtar Ali v. The State PLD 2001 Kar. 14,
Haji Khawar Saleem v. the State 2001 SCMR 905,
Ghulam Sabir and 12 others v. The State 1986 PCr.LJ 380,
Umar Farooq v. The State 1992 MLD 1820,
Shah Jehan v. Special Judge, Anti Corruption and another 1992 PCr.LJ 1982,
Muhammad Nawaz v. Ghulam Kadar and 3 others PLD 1973 SC 327
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
526,
365,
457,
427,
506,
452,
147,
148,
149
|