SC accepts appeal regarding powers of session judges
ISLAMABAD, Jan 05 (APP/DNA): The Supreme Court (SC) on Monday accepted the appeals against the decision of the Lahore High Court (LHC) related to the powers of the sessions judges.
According to the details, the Supreme Court has quashed the Lahore High Court’s order to transfer the case to the Sessions Judge, while restoring the decision of the Sessions Judge, Kasur, regarding the transfer of the case.
The case was heard by a three-member bench headed by Justice Jamal Mandokhel.
Justice Jamal Mandokhel inquired whether the Sessions Judge can transfer the case? To which the plaintiff’s lawyer said that under Section 526, the Sessions Judge has the power to transfer the case before framing the charge.
The plaintiff’s lawyer said that under Section 528, the Sessions Judge can transfer the case even before pronouncing the decision. We only have some objections to the Sessions Judge’s decision.
The plaintiff’s lawyer said that the case has been transferred to another magistrate 25-30 kilometers away. The entire road is broken. The opinion of both parties should have been taken before transferring the case.
The Kasur Sessions Judge had transferred the case on the request of the accused. The plaintiff approached the High Court against the Sessions Judge’s order.
The High Court had overturned the Sessions Judge’s order and ordered the case to be sent back.
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