Citation Name: 2025 PCrLJ 548 KARACHI-HIGH-COURT-SINDHBookmark this Case State vs Zafar Khan alias Ram alias S

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Citation Name: 2025 PCrLJ 548 KARACHI-HIGH-COURT-SINDHBookmark this Case State VS Zafar Khan alias Ram alias S.28(1a)---Transfer of case---Scope---Complainant sought transfer of case from one province to another province on the ground of being a highly sensitive case---Jurisdiction of a Court has to be jealously safeguarded and cannot be ousted, or transfer of a case from the competent Court of jurisdiction cannot be sought on flimsy grounds at the pleasure or sweet will either of the accused or of the prosecutor to the disadvantages and inconvenience of either party---Unless any party seeking transfer of the case from one anti-Terrorism Court to another can make out a case to establish that it is expedient and in the interest of justice, or where the convenience or safety of the witnesses or the safety of the accused so requires, transfer of any case from one anti-Terrorism Court to another cannot be allowed---Similarly, if such request is made by the Government, unless it is established that such transfer will be in the interest of justice or expedient for protection and safety of the judges, witnesses or the prosecutors, it cannot be acceded to by the Chief Justice of the High Court concerned---In the instant case, none of the said eventuality was attracted, as no material whatsoever had been placed on record to justify the allegation of any security threat, harassment or inconvenience to the accused, witnesses or the Judge of the anti-Terrorism Courtat "K", whereas, the transfer was being sought on mere allegation of security threat to the prosecutor(s) appointed by the Ministry of Law and Justice Division, through Ministry of Interior, however, without any material to support such allegations---Thus, it appeared that the appointment of prosecutor(s) based at "I" perhaps resulted in inconvenience to such prosecutor(s), who were required to travel to "K" on each date of hearings during pendency of the case before the anti-Terrorism Court at "K"---In view of said facts and circumstances of the case, attractions none of the ingredients of S.28 of anti-Terrorism act, 1997 as per record of the case, transfer application, besides being misconceived, appeared to have been filed to delay the conclusion of trial, whereas, transferring the case at such stage would cause serious injury and inconvenience to the accused persons and the witnesses on the one hand, and would also involve serious financial implications, if all the accused persons, their lawyers and the witnesses were to appear before the anti-Terrorism Court at "I", till finalization of the case, which would amount to denying the fair trial and justice to the accused persons---Transfer application was dismissed accordingly.

Citation Name: 2025 PCrLJ 548 KARACHI-HIGH-COURT-SINDHBookmark this Case State vs Zafar Khan alias Ram alias S — 2025 PCrLJ 548 KARACHI-HIGH-COURT-SINDH

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