LHC fines petitioner for seeking case transfer

LAHORE: The Lahore High Court has imposed a fine on a petitioner who sought the transfer of bail petitions of two attempted-murder suspects on the basis of the alleged bias of the district judge concerned.

Petitioner Abdul Razzaq, who is a complainant in the FIR registered in Arifwala in Pakpattan district against suspects Ali Hassan and Muhammad Nadeem Abbas, applied for their bail after arrest, which is pending with Additional District and Sessions Judge Muhammad Azam Rana of Arifwala.

Apprehensive of injustice from the sessions court, he filed the petition for transfer of bail petitions from that court to any other court of competent jurisdiction. The record shows that the district judge had earlier granted post-arrest bail to two other suspects in the same FIR.

The counsel for the petitioner contended that once there was a reasonable apprehension in the mind of a party to litigation that was alone a good reason for transfer of case. Dismissing the petition, Justice Sohail Nasir observed that the petitioner did not specify any particular fact showing apprehension in his mind except that he had no hope for justice from the judge concerned.

The judge holds that judges are presumed to be performing their duties with all honesty and dedication by knowing that they have been bestowed with a sacred obligation to deliver justice beyond any worldly temptation. He further observed a judge is good, honest, competent, hardworking and upright only if he decides a case in favour of a party otherwise he is biased, dishonest and having connivance with the other side of the case.

He ruled that a party cannot force a court to regulate the proceedings according to its wishes as it is an exclusive domain and prerogative of the court. The judge dismissed the petition with a cost of Rs50,000 and directs AD&SJ Azam Rana to proceed in the case with full confidence having no fear in mind except for Almighty Allah.