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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 out of the same incident.
Terming it a serious legal problem, the capital’s High Court also deplored the lack of competence of some judges “brought from the Lahore High Court (LHC)” during their deputation to Islamabad.
IHC Senior Puisne Judge Mohsin Akhtar Kayani raised these concerns on Wednesday while hearing a prison appeal filed by Zeeshan Masih, who is serving a life sentence in a murder case.
The court observed that although the incident was the same, two separate trials had taken place, raising important legal questions. Justice Kayani noted that if evidence from one trial is presented in another, it becomes unclear how the court can legally examine it.
He questioned the conduct of the trial judge and was informed by the defense lawyer that the verdict was given by Additional Sessions Judge Muhammad Afzal Majoka.
Expressing concern over LHC-appointed judges, Justice Kayani said some judges were issuing verdicts without recording testimonies, calling this deeply troubling, especially in serious cases like murder.
“Will anyone from the Bar ever tell the Chief Justice how and what kind of judges were appointed on deputation from Lahore?” he asked. He stressed that while mistakes may occur, they should not come from negligence or haste.
The judge highlighted the supervisory role of the High Court over subordinate courts and ordered that prosecutors and judges need proper training. The court summoned the Islamabad Attorney General for assistance and adjourned the hearing.
