1990 P Cr.

L J 1687

[Karachi]

Before Syed Sajjad Ali Shah, CJ

In re: REFERENCE MADE BY SESSIONS JUDGE, LARKANA FOR TRANSFER OF

CASES

Criminal Reference Application No.1 of 1990, decided on 22nd April, 1990.

Criminal Procedure Code (V of 1898)---

----Ss. 9, 193 & 178---Provincial Government is competent to set up venue for the trial of
cases of a particular accused and also nominate any Sessions Judge or Additional Sessions
Judge to try those cases which are to be specified by the said Government in
Notification/Notifications---No intervention of High Court for transfer of cases from one
territorial jurisdiction to another was thus called for and the reference from Sessions Judge
in this regard was disposed of in the aforesaid terms.

Shaukat Hayat v. Government of Sindh and another Petition for Leave to Appeal No.283/K of
1987 rel.

Shoukat Hussain Zubedi Asstt. A.-G., Sindh.

ORDER

There is a office note from Member Inspection Team on the basis of reference from Sessions
Judge, Larkana, for trial of cases against accused Hasoo alias Muhammad Hassan in District Jail,
Khairpur. Reference was sent by learned Sessions Judge, Larkana, because letter on the subject,
dated 8-3-1989 was sent by the Home Department addressed to District Public Prosecutors. It is
stated in the said letter that accused Hasoo alias Muhammad Hassan .son of Muhammad Sadiq
Narejo is reported to be dangerous prisoner, hence it is decided that cases pending against him may
be conducted inside the jail- where he is confined. Note of Member Inspection Team was put
up before me on the administrative side with request of learned Sessions Judge, Larkana,
for permission to try the cases in District Jail, Khairpur. It also appeared that against the
accused named above, there are pending 18 cases, out of which in 14 cases territorial jurisdiction
is of Larkana and in remaining 4 cases, territorial jurisdiction is of Shikarpur. In such
circumstances as stated above, need was felt that there would be required intervention of the High
Court for transfer of cases for trial in Khairpur Jail on account of limitation of territorial
jurisdiction.

After hearing Mr. Shoukat Hussain Zubedi, AA: G., and M.I.T., it appears that there is no need for
the intervention of the High Court in this matter for passing any orders with regard to the transfer
of cases from one District to another for the simple reason that the Provincial Government even
otherwise is competent and is fully empowered to pass such orders with regard to setting up
venue of trial in jail and also nominate any Sessions Judge or Additional Sessions Judge to
try cases outside his territorial jurisdiction. In this context with advantage reference can be
made conjointly to sections 9, 193 and 178, Cr.P.C. Under section 9, Provincial Government is
competent to appoint a Judge for Sessions Court in Sessions Division. Under subsection (2)
of this section, the Provincial Government is empowered by general or special order in the
official gazette to direct at what place or places the Court of Session can hold its sitting. Under
subsection (4) of this section, the Provincial Government is competent to appoint an Additional
Sessions Judge of another division to dispose of cases in any division proposed by the Government.
Under section 193(2), Cr.P.C. the Provincial Government is competent to direct Additional
Sessions Judge or Assistant Sessions Judge to try such cases which are specified by the
Government by general or special order. Section 178, Cr.P.C. enables and empowers the Provincial
Government to order cases to be tried in different Sessions divisions with the only embargo
contained in proviso that no such order can be passed which would be inconsistent with any order
of transfer passed by the High Court under section 526, Cr.P.C.

Upshot of the reference to different provisions made above is that it is within competence of the
Provincial Government to set up venue for the trial of cases of particular accused and also nominate
any Sessions Judge or Additional Sessions Judge to try those cases, which are to be specified by
the said Government in Notification/ Notifications. Above view is fully fortified by order passed
by the Supreme Court of Pakistan in the case of Shaukat Hayat v. Government of Sindh and another
in 1989 S C M R 774.

In the circumstances, no further interference is warranted by the High Court and the reference is
disposed of in the terms stated above.

Copy of this order may be sent to the Home Secretary with direction to take steps according to law
as are stated in the above order.

N.H.Q./S-603/K Order accordingly.