LAHORE
Lahore High Court (LHC) has maintained in a decision that sessions judge has no powers to transfer the applications regarding registration of case under section 22-A of criminal procedure from one justice of peace to other justice of peace, however, the power for transferring the petitions related to bail before arrest in extraordinary situation will stay.
This decision was issued by justice Farooq Haider of LHC on the constitutional petition filed by the petitioner Faisal Manzoor against the order of sessions judge Okara. The order of session judge was declared null and void partly therein.
The court maintained in its decision the order of sessions judge for transferring the applications regarding registration of case under section 22-A is tantamount to transgress power of jurisdiction. Therefore, it is declared null and void.
The court made it clear only LHC has powers to transfer such applications under article 199 of the constitution and not sessions judge.
It was said in the decision that on the other hand the powers of sessions judge for transferring the bail before arrest pleas is in accordance with law. Therefore, this part is upheld.
According to court the defendant No 2 in the case had taken this plea that he was lawyer and member of local bar and the petitioner is harassing him. He is facing life threat in Tehsil Headquarters Depalpur .
The parties leveled allegations of harassment , threats, and attacks against each other. FIR was also registered with reference to these allegations.
The court maintained the order for transferring the bail pleas in such extraordinary situation was correct to ensure transparent justice.
This set principle was repeated in the decision that the justice should not only been done but should be seen to have been done.
