The Supreme Court (SC) has suspended the Lahore High Court’s decision that had overturned a Sessions Judge’s order to transfer a case.
According to court proceedings, the Supreme Court observed that the High Court had not properly considered the relevant law before annulling the Sessions Judge’s decision.
Justice Jamal Mandokhail remarked on the difficulty of defending such a judgment. The government’s lawyer explained that, under the law, a Sessions Judge can transfer a case from one magistrate to another. Justice Mandokhail added that the authority to transfer cases lies with Sessions Judges—a fundamental legal principle that the High Court judge appeared unaware of.
Justice Musarrat Hilali noted that the High Court judge in question had previously served as a registrar of the Lahore High Court. During the hearing, lawyer Syeda Kanwal argued that the Sessions Judge acted within his powers, while lawyer Mushtaq Mohal contended that the High Court’s decision was inconsistent with legal provisions.
The case originated when a Sessions Judge in Kasur transferred a case at the request of the accused. The plaintiff challenged this transfer in the Lahore High Court, which nullified the Sessions Judge’s order and directed the case to be returned.
