| Case ID |
420a9c46-0286-4542-be23-9da4b5bca750 |
| Body |
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| Case Number |
Criminal Petition No. 25 of 2004 |
| Decision Date |
Jan 26, 2004 |
| Hearing Date |
|
| Decision |
The petitioner, Alamzeb, sought leave to appeal against the order dated 12-1-2004 of the Peshawar High Court, which dismissed his application for the transfer of a criminal case pending before the Additional Sessions Judge in Charsadda. The petitioner claimed security concerns due to political rivalry and previous threats to his life and witnesses. However, the Supreme Court found no allegations of bias against the trial judge and determined that the government is responsible for maintaining law and order. The Chief Justice's directive to conduct the trial in the District Jail further alleviated the petitioner's concerns. Consequently, the petition was dismissed, and leave to appeal was refused. |
| Summary |
In the case of Alamzeb vs. Kamal Nasir, the Supreme Court of Pakistan reviewed a petition regarding the transfer of a criminal case due to alleged security threats stemming from political rivalry. The petitioner, Alamzeb, argued for the transfer based on fears for his safety and that of his witnesses, citing previous incidents of violence. However, the court found no evidence of bias from the trial judge and emphasized the government's duty to ensure law and order. The court's decision to allow the trial to proceed within the District Jail was deemed sufficient to address the petitioner's concerns. Ultimately, the petition was dismissed, and the application for leave to appeal was refused. This case highlights the balance between judicial independence and the need for security in politically charged environments, underscoring the importance of a fair trial amidst external pressures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NAZIM HUSSAIN SIDDUQUI, C.J.,
JAVED IQBAL,
ABDUL HAMEED DOGAR, JJ
|
| Lawyers |
Mian Habibullah Kakakhil
|
| Petitioners |
ALAMZEB
|
| Respondents |
KAMAL NASIR and others
|
| Citations |
2004 SLD 2823,
2004 PLD 362
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
526,
302,
324,
427,
148,
149,
185(3)
|