Law:

Section:

Criminal Procedure Code (V of 1898)-- ----S. 526---Anti-Terrorism Act (XXVII of 1997), Ss.7, 8, 11 & 28---Penal Code (XLV of 1860), Ss.365-A/302/109---Constitution of Pakistan (1973), Art. 185(3)---Transfer of case from one District to another---Validity---High Court, in view of S. 526, Cr.P.C. read with S. 28 of the Anti-Terrorism Act, 1997, was competent to transfer any case from one Anti-Terrorism Court to another within or outside the area of Karachi for the protection and safety of the witnesses and that of the accused---Prosecution also entertained reasonable apprehensions that the. Court concerned was not fairly and impartially conducting the matter---High Court was justified to transfer the case from Anti-Terrorism Court at Karachi to Anti-Terrorism Court at Hyderabad so that trial might be held in a more congenial and tension free atmosphere---Apprehension about safety of the witnesses and prosecution team and with regard to holding of a fair trial for even dispensation of justice were sufficient grounds for transfer of the case from one Court to another--­Impugned order of transfer not suffering from any legal infirmity leave to appeal was refused. Muhammad Nawaz v. Ghulam Kadir and 3 others PLD 1973 SC 327 and Khawar Saleem v. The State 2001 SCMR 905 ref. ORDER MIAN MUHAMMAD AJMAL, J.---This petition for leave to appeal is directed against the order of the High Court of Sindh, Karachi dated 30-4-2002, whereby Criminal Transfer Application No. 12 of 2002 alongwith Miscellaneous Applications Nos.992 of 2002 and 1022 of 2002 were disposed of as under:-- "From the foregoing facts and discussion, it has been established that a suspicion or doubt is lurking in the mind of the prosecution that they are not likely to get proper justice from the Court concerned. We are satisfied that the prosecution has succeeded in establishing that the case requires to be transferred to Anti-Terrorism Court out of Karachi. Accordingly, we order transfer to Anti-Terrorism Case arising out of F.I.R. No.24 of 2002 of Police Station Artillery Maidan, Karachi against the aforesaid respondents/accused from Anti-Terrorism Court No.II, Karachi to Anti-Terrorism Court, Hyderabad…

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