ISLAMABAD: The Supreme Court on Monday suspended a Lahore High Court (LHC) decision that had overturned an order by the District and Sessions Judge of Kasur to transfer a case from one judicial magistrate’s court to another. The case involves allegations of threats of serious consequences and an attack on a house by multiple individuals against the opposing party.
A two-member bench, comprising Justice Jamal Khan Mandokhail and Justice Musarrat Hilali, heard an appeal filed by Hamza and others against the LHC ruling.
Justice Mandokhail expressed displeasure with the high court’s order, questioning how such a decision could be defended. He stated that, under the law, a district and sessions judge has the authority within their district to transfer a case from one judicial magistrate’s court to another. “This is a basic principle of law that any judge should know,” he remarked.
The Punjab additional prosecutor general, responding to a court’s query, confirmed that a district and sessions judge does indeed hold such transfer powers within the same district.
Justice Hilali noted that the judge in question had previously served as LHC Registrar. The appellant’s counsel argued that the LHC’s order was not in accordance with the law.
The court suspended the high court’s order, observing that it had been passed without proper consideration of the relevant law and that the sessions judge’s order had been set aside without legal justification. Notices were issued to the parties, and further hearing was adjourned until next week.
