Transfer of Criminal Cases in Pakistan: Jurisdiction, Grounds, and Procedures
Transfer of Criminal Cases
Jurisdiction of the High Court
The Constitution of Pakistan and other statutes grant the High Court jurisdiction over criminal cases. This jurisdiction can be categorized into three main types:
- Extraordinary Jurisdiction
- Original and Appellate Jurisdiction
- Supervisory Jurisdiction
It is through its supervisory jurisdiction that the High Court can transfer criminal cases from one court to another.
Relevant Provisions of the Criminal Procedure Code (Cr.P.C)
The following sections of the Cr.P.C deal with the transfer of criminal cases:
- Section 526
- Section 527 (Cross Reference)
- Section 528 (Cross Reference)
Types of Transfer
A criminal case may be transferred by the following authorities:
- High Court under Section 526
- Provincial Government under Section 527
- Sessions Judge under Section 528
Grounds for Transfer
Criminal cases can be transferred on the following grounds:
1. Fair and Impartial Inquiry or Trial
A case may be transferred if it appears that a fair and impartial inquiry or trial cannot be held in the current subordinate criminal court.
2. Unusual Difficulty of Law
If a question of law of unusual difficulty is likely to arise, the case may be transferred to a court better equipped to handle such complexities.
3. View of the Scene of Occurrence
When a view of the place where the offense occurred is necessary for a satisfactory inquiry or trial, the case may be transferred to a court closer to that location.
4. General Convenience
Transfer may be ordered if it would serve the general convenience of the parties or witnesses involved.
5. Ends of Justice
If it appears that transferring the case would be expedient for the ends of justice, the court may order the transfer.
6. Order under Cr.P.C Provisions
Transfer may be necessary if required by any other provision of the Criminal Procedure Code.
Considerations for Transfer
Even if good grounds for transfer exist, the court may consider factors such as the stage of the case and the potential expense and inconvenience caused by the transfer.
Bond
The High Court may require the applicant seeking transfer to execute a bond for the opponent’s costs. If the application is found to be frivolous or vexatious, the applicant may be ordered to pay the opponent’s costs.
Notice
The application for transfer should be supported by an affidavit, and the public prosecutor is entitled to receive notice at least 24 hours in advance.
Conclusion
The transfer of criminal cases is not a routine matter and can only be granted based on sufficient grounds as provided by the Criminal Procedure Code. The High Court may initiate the transfer process suo motu or upon application by the state, accused, complainant, or witnesses.
Glossary of Legal Terms
Complaint: An allegation, made orally or in writing to a magistrate, that a known or unknown person has committed an offense.
Cognizance: The power and authority of a judge to take note of and deal with a legal matter.
Proclaimed Offender: A person against whom an arrest warrant has been issued and who has been declared a fugitive from justice.
Justice of the Peace (JP): A judicial officer of a lower court, responsible for keeping the peace and performing minor judicial functions.
Bailable Offence: An offense for which bail is available as a matter of right.
Commutation: The reduction of a judicial sentence, such as from death to life imprisonment.
Autopsy: A surgical examination of a corpse to determine the cause and manner of death.
Starvation: Suffering or death caused by lack of food.
Pleader: An advocate or lawyer who represents a party in court.
Proceeding: The process of using a court of law to deal with a legal case.
Forfeiture: The loss of money, property, or privileges as a penalty for breaching a legal obligation.
Inquest: A judicial inquiry to ascertain the facts relating to an incident, typically a death.
Toxicology: The study of poisons, their effects, and their detection.
Public Prosecutor: A law officer who conducts criminal proceedings on behalf of the state.
Thermal Injury: Injury caused by the application of heat to the body.