| Citation(s) |
|---|
| 1971 SLG 3169 1971 SLD 3169 = 1971 PCRLJ 1085 |
Court of Special Judge, Karachi
Criminal Miscellaneous. No. 300 of 1956, decided on 21st December 1956.
Presented By: J. Ortcheson, J
Sugnomal Tubilram v. Phatandas Relumal A I R 1936 Sind 237 and Haji Imamdino Haji Osman v. Emperor A I R 1941 Sind 39 not fol. Serjeant v. Dale 2 Q B 558 and The King v. Sussex Justices, Ex parte: McCarthy, I K B 256 approved. Roshan Lal v. Emperor A I R 1930 Lah. 954 and Amrit Lal v. Emperor 32 Cr. L J 1188 fol. Allah Bakhsh K. Brohi and Khalid M. Ishaque for Petitioner No. I. G. M. Shah for Petitioners Nos. 2 to 10. H. T. Raymond, Addl. A.-G. for the State.
Criminal Miscellaneous. No. 300 of 1956, decided on 21st December 1956.
Presented By: J. Ortcheson, J
Sugnomal Tubilram v. Phatandas Relumal A I R 1936 Sind 237 and Haji Imamdino Haji Osman v. Emperor A I R 1941 Sind 39 not fol. Serjeant v. Dale 2 Q B 558 and The King v. Sussex Justices, Ex parte: McCarthy, I K B 256 approved. Roshan Lal v. Emperor A I R 1930 Lah. 954 and Amrit Lal v. Emperor 32 Cr. L J 1188 fol. Allah Bakhsh K. Brohi and Khalid M. Ishaque for Petitioner No. I. G. M. Shah for Petitioners Nos. 2 to 10. H. T. Raymond, Addl. A.-G. for the State.
MUHAMMAD IQBAL SHAH AND OTHERS Accused -Petitioners
VERSUS
THE STATE--Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 326
Criminal Procedure Code (V of 1898) S. 326-Transfer of criminal cases-Existence of an atmosphere hostile to accused- Good ground for transfer of case to another district--Violent public demonstrations taking place in Court compound when accused brought to police lock-up and mob demanding handing over of accused to them so that they could kill them-Case, in circumstances, transferred to another district where a calmer and more rational atmosphere will prevail. Date of hearing : 20th December 1956. JUDGMENT This is an application for transfer of a case, State v. Muhammad lqbal Shah and others, pending at the commitment stage in the Court of Mr. Ali Jawad City Magistrate, Karachi. A previous application, which sought to have the case removed completely out of the jurisdiction of the Karachi Bench, was heard by Kayani, J., who, on the 3rd of September 1956, passed the following order :- "At best it is a case for transfer from Karachi. It is for the Karachi Bench to decide where the trial should be held so as to secure a quiet atmosphere for the witnesses and the accused. I do not think a case is made out at this stage for transfer outside the Karachi Bench area. The petition should, therefore, be sent immediately for disposal to Karachi Bench. At the request of Mr. Mohammad Ali, with a view to expedit ing presentation, the petition is being handed over to him for presentation at Karachi. In pursuance of the above order, the proceedings were returned to Karachi and come up before me for hearing yesterday (the 20th of December 1956). Although in the present transfer application a suggestion was made that the Courts 'concerned in Karachi might not be in a position to maintain 'an impartial attitude; Mr. Brohi confined his arguments to the point that the attitude of the public in Karachi was so hostile to the petitioner that the witnesses and, at the stage of trial, the assessors, might be unfavourable influenced. During the course of arguments, I asked Mr. H. T. Raymond, Public Prosecutor, whether, the existence of a hostile atmosphere, if established, would be a good ground for transfer, but he refused to concede the point, urging that it was the…