Abdul Hameed Chachar vs State S — 2025 MLD 336 KARACHI-HIGH-COURT-SINDH

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Abdul Hameed Chachar VS State S. 526---Transfer application---Undue haste on part of Trial Court---Petitioner through application under S. 526, Cr.P.C., sought transfer of case from one Court to another Court---Record revealed that the applicant had lost his confidence in the Trial Court on the ground that on 14.09.2024, the accused engaged a new counsel, who filed vakalatnama as well as adjournment application, which was allowed; however, Trial Court issued Show Cause Notice on the same day with the observation that why the applicant should not be remanded to jail---In reply thereof, the applicant filed a written application, stating therein that he had no confidence in the Trial Court, on which the Trial Court remanded the applicant to jail by way of order dated 14.09.2024, which the applicant had impugned by filing Criminal Miscellaneous Application---Judicial patience referred to the quality of a judge allowing sufficient time for all parties to present their case, including arguments and evidence, without undue haste---Such fact ensured that each party had a fair opportunity to be heard and that all relevant information was considered before reaching a decision---Court was mandated to operate with impartiality and without prejudice, ensuring that justice was administered in a manner that upheld the integrity of the judiciary in the perception of litigants---To foster confidence in the judicial system, it is imperative that the Court uphold the highest ethical standards as prescribed by the Law---Effective justice can only be realized when both parties are present before the Court are provided an opportunity of hearing---However, the rights of the parties must not be restricted, curtailed, or interfered with except as explicitly permitted by law---Prima facie, the argument presented by the applicant appeared to be valid---Applicant sought a fair trial in the ongoing criminal proceedings, a goal that could only be achieved through a foundation of trust in the Trial Court---In light of the such circumstances, it was imperative that Sessions Case currently pending before the Trial Court be transferred to the other Court for its disposal in accordance with law---Criminal Transfer Application was allowed, in circumstances.

Abdul Hameed Chachar vs State S — 2025 MLD 336 KARACHI-HIGH-COURT-SINDH

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