Law:

Section:

(a) Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)--- ----S. 4-A---Transfer of a case from one Special Court to another Special Court---Government constituting- the Special Courts has the exclusive jurisdiction to order such transfer if it is expedient to do so for the general convenience of the parties or the witnesses or for the ends of justice. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court under Art. 199--­Scope ---Order which has been passed with jurisdiction cannot be interfered in extraordinary jurisdiction of High Court, under Art. 199 of the Constitution, unless it is shown that the order is arbitrary, fanciful or patently unjust. (c) Suppression of Terrorist Activities (Special Court) Act (XV of 1975)--- ----S. 4-A---Constitution of Pakistan (1973), Art. 199---Transfer of a case from one Special Court to another Special Court---Constitutional jurisdiction, exercise of---Case had tome up for trial before three different Courts but the petitioner levelled allegations of dishonest conduct against all the three Courts, for the purpose of getting the case transferred from those Courts---Effect--­Held, it was difficult to avoid the impression that prayer for transfer of the case had been motivated not for any genuine apprehension but to delay the proceedings before the Trial Court--- Accused persons were in jail since 1988 and they could not be allowed to remain in jail for an indefinite period, demand of justice thus required that the trial should be concluded as quickly as possible---Discretionary jurisdiction under Art. 199 of the Constitution of Pakistan, therefore, could not be exercised in such like cases, just to satisfy the personal whims of the litigants. (d) Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)--- ----S. 4-A---Constitution of Pakistan (1973), Art. 199---Transfer of a case from one Special Court to another Special Court---Inordinate delay in prosecution of case---Abuse of process of law---Constitutional petition against order of Government refusing transfer of case to another Court---Trial had not been allowed to be concluded during the last…

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