| Case ID |
207ae6b9-b120-48e7-88a2-db62937b3c03 |
| Body |
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| Case Number |
Criminal Transfer Application No. S-108 of 2015 |
| Decision Date |
Mar 08, 2017 |
| Hearing Date |
Mar 06, 2017 |
| Decision |
The application for transfer of the case was dismissed as the petitioners failed to substantiate their claims of bias against the Presiding Officer. The court noted that the petitioners had not appealed the grant of post-arrest bail to the respondents, which undermined their argument of unfair treatment. The judge emphasized the importance of not allowing frivolous applications for transfer, as it would hamper the judicial process and could lead to delays in trials. The court directed the trial court to decide the case on merits within four months. |
| Summary |
In the case of Sindh High Court's Criminal Transfer Application No. S-108 of 2015, the petitioners, SYEDA RUKIYA SHAH and SYED GHULAM HUSSAIN SHAH, sought to transfer their case from the court of the IInd Additional Sessions Judge Ghotki, alleging bias. The basis of their claim was centered around the Presiding Officer's decision to grant post-arrest bail to the respondents, who were charged with serious offenses including double murder. The court found that the petitioners had not provided sufficient evidence to support their allegations of bias. The ruling emphasized the necessity for judicial officers to be protected from unsubstantiated claims, ensuring that the justice system operates efficiently without undue interruptions. The court ultimately dismissed the transfer application, directing the trial court to resolve the case expeditiously. This case highlights significant issues regarding judicial fairness, the importance of appeals in the legal process, and the responsibilities of legal practitioners to substantiate their claims adequately. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMED KARIM KHAN AGHA
|
| Lawyers |
Shabbir Ali Bozdar,
Mehfooz Ahmed Awan,
Abdul Mujeeb Shaikh
|
| Petitioners |
SYEDA RUKIYA SHAH,
SYED GHULAM HUSSAIN SHAH
|
| Respondents |
,
ABDUL SHAKOOB
|
| Citations |
2018 SLD 2579,
2018 PCRLJ 1211
|
| Other Citations |
Bilal Hussain v. IInd Additional Sessions Judge, Hyderabad and 2 others 2013 MLD 1593,
Surraya Begum v. The State and another PLD 1996 Lah. 189,
Amir Altas Khan and another v. The State and 2 others 2002 SCMR 709,
Mian Muhammad Rafiq Saigol v. BCCI and others 1996 CLC 1930,
Sameer Ehsanullah Makhzan and 3 others v. Muhammad Asif Zaman and 3 others PLD 1993 Lah. 554
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
526
|