Search

Supreme Court Stays Lahore High Court Order on Transfer of Cases by Session Judges

Islamabad: The Supreme Court of Pakistan will continue hearings this week on a case concerning the transfer of cases under the jurisdiction of session judges, after staying a Lahore High Court order and issuing notices to the parties. The court has already sought replies from all sides.

During the previous hearing, the Supreme Court expressed frustration over the Lahore High Court's order. Justice Jamal Mandokhel remarked, 'How can such an order be defended? A session judge can transfer cases from one magistrate to another, and the authority to transfer cases from session judges lies with the High Court. This is the ABC of law, which the judge seems unaware of.'

A two-member bench, headed by Justice Mandokhel, will hear the matter.

During proceedings, the government counsel stated that under the law, a session judge may transfer a case from one magistrate to another. Justice Musarrat Hilali noted that the judge in question had also served as the Registrar of Lahore High Court. Lawyer Mushtaq Mohal argued that the Lahore High Court order was not in accordance with the law, while lawyer Syeda Kanwal contended that the session judge had acted within their powers in transferring the case.

Following these submissions, the Supreme Court stayed the Lahore High Court order, stating that the high court had not properly reviewed the relevant legal provisions and had suspended the session judge's order without considering the law. Notices have been issued to the parties, and the hearing has been adjourned to next week.

The case originated when a session judge in Kasur transferred a case upon a request by the accused. The plaintiff challenged the transfer in the Lahore High Court, which had nullified the session judge's order and directed the case to be returned.