MUHAMMAD AZAM KHAN SWATI vs State Transfer of case on the ground of bias — 2023 PCrLJ 350 ISLAMABAD

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MUHAMMAD AZAM KHAN SWATI VS State Transfer of case on the ground of bias---Scope---There is no principle of transfer of cases from one Bench to another and the matter is left to the discretion of the Judge. Citation Name: 2023 PCrLJ 350 ISLAMABADBookmark this Case MUHAMMAD AZAM KHAN SWATI VS State Transfer of case on the ground of bias---Scope---Application for transfer does not lie at all against a Judge of the High Court. Citation Name: 2023 PCrLJ 350 ISLAMABADBookmark this Case MUHAMMAD AZAM KHAN SWATI VS State S. 497---Prevention of Electronic Crimes act (XL of 2016), S. 20---Penal Code (XLV of 1860), Ss. 131, 500, 501, 505 & 109---Offences against dignity of a natural person---abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty, defamation, printing or engraving matter known to be defamatory, statement conducing to public mischief, abetment---Bail, grant of---Scope---accused sought bail after arrest in an FIR which was lodged on the allegation of making objectionable tweets on social media; the effect of which was abetting and inciting mutiny and derogatory remarks about serving army personnel---None of the offences fell in the prohibitory clause of S. 497, Cr.P.C.---Maximum punishment provided for the offence with which the accused was implicated was upto 10 years---For the purpose of bail lesser sentence was taken into consideration, hence the punishment provided for the S. 131, P.P.C. did not fall within the prohibitory clause of S. 497, Cr.P.C.---Grant of bail was a rule where the case did not fall within the prohibitory clause---Trial Court had observed that the accused had repeated the offence, however, this was only a second instance, hence the case did not fall within the exception of principles laid down in the case reported as 'Tariq Bashir v. The State' [PLD 1995 SC 34]---Moreover, in case the accused repeated the offence the respondents had the remedy to seek cancellation of bail---Examination of record showed that the procedure provided in the Federal Investigation agency's Standing Order No. 5 of 2020 was not followed---Such lapse in investigation had made the case against the accused one of further inquiry---Investigation had been completed and the continued incarceration of accused would not serve any purpose--- accused was enlarged on bail, in circumstances. Citation Name: 2023 PCrLJ 350 ISLAMABADBookmark this Case MUHAMMAD AZAM KHAN SWATI VS State Judge of a Superior Court is a keeper of his own conscience and it is for him to decide whether to hear or not to hear a matter before him. Citation Name: 2023 PCrLJ 350 ISLAMABADBookmark this Case MUHAMMAD AZAM KHAN SWATI VS State Transfer of case on the ground of bias---Scope---Marked distinction existed in the approach on the question of bias between a case of a Judge of a Subordinate Court and a case pertaining to a Judge of a Superior Court inasmuch as in the former case the Superior Courts does grant transfer applications on the ground of Judge having personal, pecuniary or proprietary interest in the subject matter whereas in the latter case the Superior Court does not grant transfer application on the above ground for want of power.

MUHAMMAD AZAM KHAN SWATI vs State Transfer of case on the ground of bias — 2023 PCrLJ 350 ISLAMABAD

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