ISLAMABAD - A writ petition was Friday moved before the Supreme Court of Pakistan requesting the court to declare the order of District and Sessions Judge Sukkur void abinitio, malafide regarding transfer of case from one trial court to another.
Petitioner Muhammad Sharif, a resident of Sukkur filed the petition, under Article 184 (3) of Constitution and made Registrar, Sindh High Court, Member Inspection Team-II, Sindh High Court Karachi; Sohail Muhammad Leghari, District & Sessions Judge Sukkur, Muhammad Islam-ul-Haq Arain, Additional District & Sessions Vth, Sukkur; Tarique Ali Sanghroo, Additional District & Sessions IVth, Sukkur as respondents.
In his petition, Sharif stated that his son-in-law was murdered by land grabber Rao Shakir alongwith other co-accused on 04.02.2014.
The FIR was lodged under Sections 302, 148 & 149 PPC with Police Station Airport, Sukkur, wherein accused Rao Shakir had been declared as absconding accused and two of his co-accused are confined in Central Jail, Sukkur.
He added that despite six years, the trial court could not have initiated the proceedings against the absconding accused persons yet because trial Court is under undue pressure by various lawyers of land grabber accused Rao Shakir. They are misbehaving/using abusive language with the Additional District & Sessions, Sukkur.
He further said that District & Sessions Judge Sukkur by misusing Section 528, CrPC and without applying his judicial mind allowed transfer criminal case on 22nd August 2020 on application of Aijaz Ahmed Naich, Manzoor Hussain Ansari who are neither complainant, nor witnesses nor accused in the said cases.
The petitioner said that District and Sessions Judge Sukkur is an incompetent judicial officer who cannot even pass speaking orders.
How can the transfer orders, given by him, and the application wording and language could be similar.
He mentioned that the accused party has engaged as many as 15 counsels just to prolong proceedings with ulterior motives. Later on, the accused party and their counsels filed an application for loss of faith in Allah Bachayo Gabol Additional Session Judge, Sukkur. Therefore District and Sessions Judge Sukkur transferred the said case and entrusted to Hafiz Misbahuddin Phulpoto, Additional Session Judge III Sukkur.
However, the accused party sought adjournments but later they showed loss of faith and confidence upon the said judicial officer.