Law: Criminal Procedure Code (V of 1898)

Section: 526

Law: Penal Code (XLV of 1860)

Section: 499 & 500

Criminal Procedure Code (V of 1898)---

----S. 526---Penal Code (XLV of 1860), Ss. 499 & 500---Constitution of Pakistan, Art. 10-A---Defamation---Delay in conclusion of trial in private complaint---Application for transfer of trial---Allegations of prejudice and bias made against Trial Judge based on unsubstantiated apprehensions---Free and fair trial is a sine qua non for criminal justice system---Guarantee of fair trial is the foremost imperative in the administration of justice and serves as the central criterion for the court's consideration---When evaluating a motion for transfer of a case and for the transfer of a criminal case, the party must demonstrate a reasonable apprehension that justice will not be served--Apprehension of not receiving a fair and impartial inquiry or trial must be reasonable and grounded in facts, rather than being speculative or based on conjectures and surmises---Proceedings pending before one competent court should not be transferred to another court merely on bald assertions or allegations of any of the parties unless the same are supported by strong, cogent reasons and convincing evidence---Bias in a judge must be demonstrated as a fact, not merely as an opinion---Real likelihood of bias must be established, grounded in personal prejudice so significant that it impairs the judge's ability to act impartially in the specific case---Applicant failed to establish any reasonable apprehension of being denied a fair trial, as he lacked sufficient merit to raise concern in the mind of a prudent and reasonable person---Without clear evidence/ material, such claims do little more than cast unwarranted aspersions on the impartiality of the trial judge, an act that is both baseless and deeply unwarranted---Transfer application of the applicant was dismissed, in circumstances.

Ms. Benazir Bhutto v. The President of Pakistan and another 1992 SCMR 140 rel.