S. 4A–Transfer of case from one city to another without assigning any reason–Challenge to–Notification in question unveil that transfer of two cases is not based on any of reasons which could be legitimately made basis for exercise of power under Section 4-A of Act–It appears from language of notification dated 24th August 1998 that only reason assigned for exercise of such power is “in public interest” which consideration is alien to spirit and scope of Section 4-A of Act–Thus on this ground alone notification dated 24.8.1998 cannot be sustained–Indeed, under Section 4-A of Act Government is empowered to exercise power for transfer of cases within limits, as evident from language of section 4-A but still Government is expected to give due consideration and respect to judicial orders of High Court, when it relates to same subject–Such spirit is lacking and action taken by respondents is found arbitrary–Held : Notification No. REG. (HD)/5-1/66/93 dated 24th August 1998 issued by Secretary, to Government of Sindh Home Deptt. was declared as unlawful, null and void.
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