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Allegations of Bias must be backed by Clear and Credible Evidence --- Lahore High Court Dismisses Transfer Application

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Allegations of Bias must be backed by Clear and Credible Evidence --- Lahore High Court Dismisses Transfer Application

Islamabad 03-01-2025: The Lahore High Court has dismissed a transfer application filed under Section 526 of the Code of Criminal Procedure (Cr.P.C.) in the case of Miss Shabnam Riaz Vs. Naila Karim and another. The applicant sought the transfer of her private complaint case involving alleged defamation under Sections 499, 500, and 501 of the Pakistan Penal Code (PPC) to another Court, citing claims of judicial bias.

The private complaint, filed in 2020, accused the Respondents of defamation. After multiple delays, the Petitioner alleged that the presiding trial judge, Mr. Justice Majid Waqar Aheer, Additional Sessions Judge, Lahore, had developed a bias against her, leading to concerns over an impartial trial.

Mr. Justice Ali Zia Bajwa, while hearing the application, observed:

Allegations of bias directly challenge the integrity of judicial officers. The Court noted that such claims, when unsubstantiated, harm public confidence in the judiciary.
Emphasizing the constitutional guarantee of a fair trial under Article 10-A of the Constitution of Pakistan, 1973, the Court reiterated that Justice must not only be done but must also be seen to be done.
Referring to the Supreme Court’s judgment in Ms. Benazir Bhutto Vs. The President of Pakistan and another (1992 SCMR 140), the Court held that allegations of bias must be backed by clear and credible evidence. Mere speculative claims are insufficient to warrant a case transfer.

The Court dismissed the application in limine, finding no credible evidence of bias or prejudice against the trial judge. The applicant’s allegations were deemed speculative and unsupported by material facts.