LAHORE: A Lahore High Court full bench on Monday ruled that transfer of a bail petition in an under-trial case from one sessions judge to another without reasonable justification was illegal and such 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 the power to transfer vested with the high court only under Section 526 of the CrPC.

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 and 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 their assistance on the matter.

Assisting the court, Advocate Tarar said the law did not allow transfer of a case once compliance report of the court’s notices was filed. He said the high court had the power to transfer a bail plea from one judge to another after an indictment by the trial court. He regretted that being a lawyer he had been witnessing this practice for the last 20 years, but it should change now.

Advocate Naseem stated that under the law, a complainant of a criminal case was supposed to assist the 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 common practice.

Justice Naqvi observed that the high court will not let the trial courts be hijacked by illegal practice. He allowed the petition and ruled that no bail petition will be transferred from one judge to another unless cogent reasons were provided to the high court under Section 526 of the CrPC.

Published in Dawn, April 30th, 2019