ISLAMABAD: The Supreme Court on Monday heard a case concerning the authority of Sessions Judges to transfer cases between magistrates and stayed the Lahore High Court’s order that had nullified such a transfer.

A bench headed by Justice Jamal Mandokhail conducted the hearing. During proceedings, the bench expressed concern over the Lahore High Court’s decision. Justice Mandokhail questioned how such an order could be defended, while Justice Musarrat Hilali noted that the Sessions Judge in question had previously served as Registrar of the Lahore High Court.

The government counsel argued that under the law, a Sessions Judge has the authority to transfer a case from one magistrate to another. Justice Mandokhail emphasized that the High Court itself holds the authority to transfer cases from Sessions Judges, but the fundamental principle allowing a Sessions Judge to make such transfers was well established.

Counsel for the parties provided contrasting views. Advocate Mushtaq Mohal contended that the Lahore High Court’s order was not in accordance with the law, while advocate Syeda Kanwal argued that the Sessions Judge had acted strictly within her authority.

The Supreme Court observed that the Lahore High Court had not properly considered the relevant legal provisions before suspending the Sessions Judge’s order. It noted that the High Court had annulled the transfer without taking the applicable law into account.

The case pertains to a transfer ordered by the Sessions Judge of Kasur at the request of the accused, which the complainant challenged in the Lahore High Court. The High Court had revoked the order, directing that the case be returned.

The Supreme Court issued notices to all parties and adjourned the hearing until next week, while suspending the Lahore High Court’s order in the meantime.