Law: National Accountability Ordinance, 1999

Section: 16A(c),17(d)

Law: Criminal Procedure Code (V of 1898)

Section: 426,561-A

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 16-A(c) & 17(d)---Criminal Procedure Code (V of 1898), Ss. 426 & 561-A--- Transfer of cases--- Reference by Trial Court---Administration of justice---Applicant was accused facing trial in three references---Trial Court convicted and sentenced the applicant in one reference during pendency of two references---Accused sought transfer of cases on grounds that Trial Court had already disclosed its mind---Validity---After accused had filed applications before Accountability Court to recuse itself from hearing two references, Presiding Officer submitted application to the High Court requesting for said cases to be transferred---Presiding Officer also requested for someone else to be posted in his place---Case could not be thrust on a judge unwilling to hear it---High Court allowed transfer applications filed by accused and references were transferred---Application was allowed accordingly. Terrance Williams v. Pennsylvania 2016 SCMR 1561; Sher Afzal v. Mst. Pervez Jan 2016 YLR 267; Ahmad Yar v. The State 2014 PCr.LJ 407; Suo Motu Case No.4/2010 PLD 2012 SC 553; Aftab Shaban Mirani v. President of Pakistan 1998 SCMR 1863; Muhammad Shafi v. The State 1987 PCr.LJ 598; Muhammad Nawaz v. Ghulam Kadir PLD 1973 SC 327; Mohabat v. The State PLD 1960 Lah. 1187; Union of India v. Sanjay Jethi (2013) 16 SCC 116; Mt. Paro v. Chhaja Singh AIR 1934 Lah. 539; Sita Ram v. Balak Ram AIR 1933 Oudh 154; All v. Crown 1969 PCr.LJ 963; Ghulam Rasul v. Crown PLD 1951 FC 62; Hallyday v. United States 380 F.2d 270; Keating v. Superior Court of San Francisco 45 Cal. 2d 440; Murchison's case 349 US 133; Hugh M. Caperton v. A. T. Massey Coal Company 556 US 1; Syed Tahir Hussain v. Tayyab PLD 2009 Kar. 176; Muhammad Asif v. The State PLD 2014 Lah. 543; Independent Media Corporation v. Federation of Pakistan PLD 2014 SC 650; Mehboob Ali v. The State 2002 SCMR 224; Ashiq v. The State 1992 MLD 341; Gulzar Ahmad v. The State 1994 PCr.LJ 634; Muhammad Moosa v. Ghulam Qadir 2009 MLD 16 and General (R) Parvez Musharraf v. Nadeem Ahmad PLD 2015 SC 585 ref. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.--- Through this judgment, we…

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