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

Petitioner Abdul Razzaq is complainant of the first information report (FIR) registered at Arifwala Sadar police station, Pakpattan district, against suspects Ali Hassan and Muhammad Nadeem Abbas.

The suspects applied for their bail after arrest, which was pending in the court of Arifwala Additional District & Sessions Judge (AD&SJ) Muhammad Azam Rana.

The petitioner, expressing apprehension of “injustice” by the sessions court, filed the plea for transfer of bail petitions from the said court to any other of competent jurisdiction.

The record shows that the district judge had earlier granted post-arrest bails to two other suspects in the same FIR.

The counsel for the petitioner contended that a reasonable apprehension in the mind of a party to litigation was alone a good reason for transfer of case.

He argued that if the proceedings were not free and fair, the criminal justice system would undoubtedly be at stake, eroding the confidence of a common man in the system.

He said as the conduct of the AD&SJ was “unfair and biased”, therefore, the machinery of justice was not geared to work in the midst of such conditions necessary for fairly deciding the bail application.

Dismissing the petition, Justice Sohail Nasir of the LHC observes that the petitioner did not specify any particular fact showing the apprehension in his mind, except that he had no hope for justice from the judge concerned.

The judge holds that the 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 maintains that to rebut the said presumption strong and exceptional material is required.

He observes that the petitioner has not brought on record any substance to show that fair and impartial proceedings are not possible.

“By now it is the settled principle of law that merely adverse judicial orders passed by a court against a party, will not be a sufficient ground directing transfer of case from the court as aggrieved person has remedy to challenge the orders before the court of competent jurisdiction,” remarks Justice Nasir.

He further observes 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 other side of the case. “This is the time to curb such voices of the litigants who want to undermine the administration of justice only to achieve their illegal designs,” says the judge.

He rules 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 dismisses 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 the mind except of Almighty Allah.

Published in Dawn, August 10th, 2021