SHAHJAHAN vs State S — 2024 YLR 787 KARACHI-HIGH-COURT-SINDH

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SHAHJAHAN VS State S.526---Transfer of a criminal case---Impartiality or bias of a judge---Judicial proprietary--- Scope--- Ground of the applicant/accused was that he had lost faith in the presiding officer of the Trial Court on the premise that during the hearing, he (the judge) expressed adverse inference against him (applicant) and his counsel---Validity---The court, primarily, should practice without discrimination and bias---Justice should be given in such manner that a clear image of the judiciary has to be maintained in the minds of litigants---To have good faith in the court, the court should maintain high moral standards among the members of the judiciary under the Criminal Procedure Code, 1898---Justice can be achieved only when the court deals in the presence of both parties---Court has the power to move cases from one court to another, but the rights of the parties can not be curtailed, controlled, or interfered with subject to exceptions provided under the law---Transfer of a matter from one court to another court can only be granted in exceptional circumstances where it was shown that the same would be in the interest of justice---Ground raised by the applicant, being based on certain reservations, was tenable---Applicant intended to seek a fair trial in the criminal case pending adjudication which would be only possible if he reposed confidence in the court---It would have been appropriate for the Trial Court not to express its view so that the parties might have confidence, however, without prejudice to instance of the court, the judicial proprietary demanded that the case-in-question needed to be transferred from the present Additional Sessions Judge to the concerned Sessions Judge who, for the smooth trial of the applicant and swift disposal of case-in-question, would ensure that the trial be fair in all respects within reasonable time---Transfer application filed by the accused was disposed of accordingly.

SHAHJAHAN vs State S — 2024 YLR 787 KARACHI-HIGH-COURT-SINDH

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