# Transfer the case? Bring material, not fear. > When it is shown that a fair and impartial trial cannot be had, among the other grounds in s.526(1). Mere apprehension is not enough (PLD 2024 Lah. 684); courts want material, and have transferred where the judge's conduct showed possible bias (2015 MLD 1593). - Topic: Courts and procedure - For: Advocates - A 11-slide carousel: https://failegal.site/media/transfer-the-case-bring-material-not-fear - Published by FAI Legal on 2026-10-12 ## The grounds. Section 526(1), CrPC. > "Whenever it is made to appear to the High Court (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or (b) that some question of law of unusual difficulty is likely to arise, or (c) that a view of the place … may be required …, or (d) that an order under this section will tend to the general convenience of the parties or witnesses, or (e) that such an order is expedient for the ends of justice" (Code of Criminal Procedure, 1898 · Section 526(1)) ## Quick quiz. Caste fellow. Guess first, then swipe for the answer. - **A. Yes, bias is obvious** - **B. No, that is mere apprehension** - **C. Only if the complainant agrees** ## Answer: B. Dismissed. Lahore High Court, PLD 2024 Lah. 684. - **The rule** Mere apprehension of injustice at the hands of the presiding officer is no ground for transfer. - **The facts** Caste links with counsel and a quick trial did not show bias. - **A warning** A second near-identical transfer petition showed an intent to overawe the judge. ## Myth or fact? The threat ground. - **Myth: A threat to my life is enough to move the trial to another district.** - **Fact: Not without proof. Threat messages were claimed but not produced, so a murder case stayed put (2020 MLD 1071, Balochistan High Court).** ## When it worked. Two Sindh High Court orders. - **2015 MLD 1593** Accused on bail were handcuffed and sent to lock-up for seeking an adjournment. Bias could not be ruled out: transferred. - **2024 YLR 787** The judge expressed adverse views at the hearing. The case went to the Sessions Judge for a fair trial. ## File it right. Section 526(4) to (6). - **By motion** Supported by affidavit or affirmation. - **Notice to prosecutor** An accused gives the Public Prosecutor written notice with grounds, at least 24 hours before the hearing. - **Bond** The High Court may require a bond for compensation to the opponent. ## The trial meanwhile. Section 526(6-A) and (8). - **No adjournment** Saying you will apply does not oblige the court to adjourn. - **No final judgment** But it cannot pronounce final judgment until the High Court decides. - **Frivolous?** Compensation up to Rs. 500 to the opponent. ## Build the file. Three things courts look for. - **Dated facts** Specific incidents, tied to the order sheets. - **Proof** Copies of messages, complaints made, photographs. - **The ask** Transfer, or security for the party, which a court ordered in 2022 YLR 1334. ## Draft it with FAI. Ask FAI in your own words. It answers with the exact section and the leading judgments. - **Recent cases where a criminal case was transferred under section 526 CrPC for bias.** - **Draft a transfer application under section 526 CrPC.** ## What this does not mean - Mere apprehension of injustice from the presiding officer is no ground for transfer (PLD 2024 Lah. 684). - A threat to life does not move a trial unless it is proved. Threat messages claimed but not produced did not get a murder case transferred (2020 MLD 1071). - Saying you will apply for transfer does not oblige the trial court to adjourn, though it cannot pronounce final judgment until the High Court decides (s.526(6-A) and (8)). ## Questions people ask ### On what grounds can a criminal case be transferred in Pakistan? Under s.526(1) CrPC the High Court can transfer a case where a fair and impartial inquiry or trial cannot be had, a question of law of unusual difficulty may arise, a view of the place may be needed, it suits the general convenience of the parties or witnesses, or it is expedient for the ends of justice. ### Can a case be transferred if the judge is biased? Only on material, not fear. Cases were transferred where accused on bail were handcuffed for seeking an adjournment (2015 MLD 1593) and where the judge expressed adverse views at the hearing (2024 YLR 787). ### Is a threat to my life enough to transfer my case to another district? Not without proof. In 2020 MLD 1071 the threat messages were claimed but not produced, so the case stayed where it was. ### How do I file a transfer application under section 526 CrPC? It is made by motion supported by affidavit or affirmation. An accused gives the Public Prosecutor written notice with grounds at least 24 hours before the hearing, and the High Court may require a bond for compensation to the opponent. ### What happens to the trial while the transfer application is pending? The trial court is not obliged to adjourn just because you say you will apply, but it cannot pronounce final judgment until the High Court decides. A frivolous application can lead to compensation of up to Rs. 500 to the opponent. ## Sources - Code of Criminal Procedure, 1898 · Section 526(1): High Court may transfer case or itself try it --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.