Transfer of bail matter case challenged in LHC

Advocate who filed writ petition says case was transferred to delay matter

LAHORE: A sessions judge’s order of withdrawing a bail matter from one court and entrusting to another was challenged in the Lahore High Court. The petition raised a question over how such orders are passed without referring to the facts available on record.

A writ petition was filed in LHC through Advocate Syed Farhad Ali Shah. He contended that a bail plea, still pending in court, was transferred from one judge to another several times just merely to delay the matter.

He contended that respondent Abdul Majeed filed a transfer application before a sessions judge, who transferred it from Additional District and Sessions Judge Fayyaz Ahmad Buttar to Additional District and Sessions Judge Sajawal Khan on February 20, 2019.

The respondent reportedly changed his counsel several times to delay the matter and on February 27, 2019, the counsel said he “does not want this petition to be heard by this court, therefore, the same may kindly be referred to some other court.”

However, the matter was sent back to the sessions judge. Subsequently, the sessions judge declined the said reference on March 1. The respondent again filed the transfer application before the sessions judge, who disposed it off and gave two days’ time to the counsel of the respondent to address the arguments.

Later, another lawyer was engaged by the respondent and he stated that the petition should be referred to some other court because he does “not trust this court”. Once again, the petition was sent back to the sessions judge, who on March 9, transferred it to Additional District and Sessions Judge Mian Javed Akram Baittu.

On March 25, the counsel for the respondent said he did want the decision of this post-arrest bail application from this court and requested to make a reference of the same. As a result,  the District and Sessions Judge Mohammad Khalid Nawaz passed an impugned order, stating that “in view of the reference, the instant bail application is withdrawn from the above court and entrusted to the court of Additional District and Sessions Judge Rai Muhammad Nawz Marth.”

He argued that the sessions judge’s order is not sustainable in the eye of law and is also against the dictum laid down by the superior courts. He requested the court to impugned order be set aside.

Talking to The Express Tribune, Advocate Syed Farhad Ali Shah said that there should be substantial reasons to get transfer a case to another court. “There should be a principle which be followed by the judges while transferring the matters,” he added.