Case Details

Citation(s)
1976 SLG 1017 1976 SLD 1017 1976 PCRLJ 199
Sindh High Court
Criminal Transfer Applications Nos. 60 to 6.5 of 1924, 22nd August, 1974
ABDUL HAQEE QURESHI, J

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Mairaj Muhammad Khan

VS

The State

Law:

Section:

Keywords: Provisions, Expenses, High Court, Proceeds, Proceedings, Copy, Fair Trial, Prosecution, Prejudice, Registered, Apprehension, Grounds For Transfer, Trial Court, Issuance, Government, Petition, Maintain, Competent Jurisdiction, Magistrate, Jurisdiction, Change, Office, Parties, Petitioner, Validity, Place, Chairman, Grievance, Order, Remand, Relief, Manuscript, Grounds, Prosecutor, Premises, Defence, Harassment, Procedure, Federal Government, Notification, Notice, Consideration Result: case decided JUDGMENT These six transfer applications were originally filed under the signatures of Zubaida Mairj wife of the petitioner. The petitions were all the same entertained in the office and the fact of the petitioner not having signed the applications or having instructed the counsel to file the same came to my notice during the hearing of the cases. However, Mr. Tariq has filed vakalatnama on behalf of the petitioner in each one of those cases. 2. The facts in these cases are that the petitioner had no various dates and at several places made speeches and according to the prosecution such speeches either infringed the provisions of section 124-A, P. P. C. Or Rules 42-43 of the Defence of Pakistan Rules. Separate cases were registered at various Police Stations of Karachi and the petitioner was arrested on 30-5-1974, and the cases were registered in the Court of Sub -divisional Magistrate, Nazimahad. Karachi. Subsequently, these six cases by a notification issued by the Government of Sind were transferred for trial by Mr. Ashfaq Abbasi, tire Additional District Magistrate at Hyderabad. Although the notification does not indicate any reasons for the transfer of these cases lout on a reading of the order of the Additional District Magistrate dated 17-7-1974, it appears that the venue of the trial was hanged because there were demonstrations in the Karachi Courts at the time the petitioner was produce) in Court. Be that as it may, the cases have been competently transferred by the Government of Sind for trial before Mr. Ashfaq Ahmad Abbasi, and the learned Advocate for the petitioner has not challenged the tares or the validity of the notification. 3. In the…
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