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ISLAMABAD:
The Islamabad High Court (IHC) has asked how separate trials can be held and judgments passed on the basis of FIRs arising from the same incident.
Describing this as a serious legal issue, the capital’s high court also lamented the lack of competence of some judges “drawn from the Lahore High Court (LHC)” on deputation to Islamabad.
IHC senior puisne judge Mohsin Akhtar Kayani on Wednesday raised these concerns while hearing a prison appeal filed by Zeeshan Masih, who is serving a life sentence in a murder case.
The court noted that although the incident was the same, two separate trials were conducted, raising significant legal issues. Justice Kayani noted that if evidence from one trial is presented in another, it becomes unclear how the court can legally consider it.
He questioned the conduct of the trial judge and was informed by the defense counsel that the sentence was delivered by Justice Muhammad Afzal Majoka, which had been delivered.
Expressing concern over judges of the LHC, Justice Kayani said that some judges delivered verdicts without recording testimony, calling it deeply worrisome, especially in serious cases like murder.
“Does anyone from the bar ever go and tell the Chief Justice how and what sort of judges have been placed on deputation from Lahore?” he asked. He emphasized that while mistakes may occur, they should not stem from carelessness or haste.
The judge emphasized the high court’s supervisory role over subordinate courts and ordered that both prosecutors and judges require proper training. The court summoned Islamabad’s Attorney General for assistance and adjourned the hearing.
