Transfer of bail petition in under-trial case illegal: LHC

LAHORE: A Lahore High Court full bench on Monday ruled that the transfer of a bail petition in an under-trial case from one sessions judge to another without reasonable justification was illegal and the act could not be tolerated.

Justice Syed Mazahar Ali Akbar Naqvi, who headed the bench, observed that one had to furnish valid reasons for the transfer of a bail matter from one judge to another and such power to transfer the matter vested with the high court only under Section 526 of Code of Criminal Procedure (Cr.P.C.). The bench was hearing a petition that questioned repeated transfer of a bail petition from one judge to another due to references filed by lawyers of the opponent party before the district & sessions judge concerned against the judges seized with the petition.

The bench previously appointed two criminal law experts -- Azam Nazir Tarar and Usman Naseem -- as amicus curiae for assistance on the matter. Assisting the court, Advocate Tarar said the law did not allow the transfer of a case once the compliance report of the court’s notices was filed. He said the high court had the power to transfer a bail plea from one to another judge after the indictment by the trial court. Mr Tarar regretted that being a lawyer he had been witnessing the practice for the last 20 years but it should be changed now.

Advocate Naseem stated that under the law a complainant of a criminal case was supposed to assist state prosecutor only. However, he said, the complainant usually engaged personal counsel to plead the case and also tried to control the trial proceedings.

He said employing tactics to delay proceedings of pre and post arrest bail petitions had become a common practice. Justice Naqvi observed the high court would not let the trial courts hijacked by illegal practice. He allowed the petition and ruled that no bail petition would be transferred from one to another judge unless cogent reasons were provided to the high court under Section 526 of Cr.P.C.