Supreme Court nullifies Lahore High Court order in session judge powers case
Pakistan
The Supreme Court restored the Session Judge Kasur’s order on case transfer, overturning the Lahore High Court ruling and affirming session judges’ authority under law.
ISLAMABAD (Web Desk) - The Supreme Court heard a case regarding the powers of session judges and accepted an appeal against a Lahore High Court verdict.
The Supreme Court set aside the Lahore High Court’s order that had nullified a case transfer directed by a session judge, and restored the decision of the Session Judge Kasur regarding the transfer of the case. The hearing was conducted by a three-member bench headed by Justice Jamal Mandokhail.
During the proceedings, Justice Jamal Mandokhail asked whether a session judge has the authority to transfer a case. Counsel for the petitioner argued that under Section 526, a session judge has the power to transfer a case before charges are framed. He further stated that under Section 528, a session judge may also transfer a case before announcing a verdict.
The petitioner’s counsel added that the case was transferred to another magistrate located 25 to 30 kilometres away, with poor road conditions, and argued that both parties should have been consulted before ordering the transfer.
Justice Mandokhail remarked whether the court should now direct the government to construct a road in that case.
The case had initially been transferred by the Session Judge Kasur on the request of the accused. The complainant challenged this order before the Lahore High Court, which set aside the session judge’s decision and ordered the case to be returned. The Supreme Court has now overturned the high court ruling.
