Law: Criminal Procedure Code (V of 1898)

Section: 526,497,487,173

Law: Pakistan Penal Code, 1860

Section: 201

Law: Anti Terrorism Act, 1997

Section: 21J

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 526 & 497---Anti-Terrorism Act (XXVII of 1997), S.21-J---Penal Code (XLV of 1860), S.201---Transfer of case---Grounds---Bias in a Judge---Opinion/observation expressed by Trial Judge at bail stage with respect to police case in interim challan---Whether reflecting partiality/bias of the Trial Judge---Accused police official was arrested for suppressing evidence against a suspect---Interim challan was submitted against accused before the Judge, Anti-Terrorism Court, mentioning commission of offence under S.201, P.P.C.---Judge, Anti-Terrorism Court while deciding bail application filed by accused observed that material on record actually disclosed an offence of harbouring the suspect under S.21-J of the Anti-Terrorism Act, 1997, and interim challan was accordingly amended---Plea of accused that case should be transferred to some other judge, as the present Judge had a bias against him because of the opinion expressed by him at bail stage with regard to interim challan; that because accused had in the past (some 13 years ago) allegedly escaped from the court of the Judge in question, and that because a co-accused in the present case was granted bail by the Judge by observing that co-accused was entitled to bail as accused, who had a more serious role under S.21-J of Anti-Terrorism Act, 1997 was already granted bail---Validity---Judicial observations made by a Judge at bail stage with respect to commission of alleged offence in interim challan were a lawful act, not suffering from any illegality or excess of jurisdiction---Allegations of bias made by accused in the present case thus had no nexus with bias---Alertness demonstrated by the Judge in the present case at pre-trial stage in order to focus the controversy on the relevant facts and allegation was not an indication of pre-disposition or bias---Nothing on record suggested that incident of accused's escape from court some 13 years ago played any role in the bail order---Reference made by Judge to role of accused while granting bail to co-accused was meant for comparative purposes to grant bail and not a reflection of any pre-disposition towards the…

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