IHC questions dual trials and the competence of judges


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ISLAMABAD:

The Islamabad High Court (IHC) has asked how separate trials can be held and sentences passed on the basis of FIRs arising from the same incident.

The Supreme Court of the capital described this as a serious legal problem and also regretted the lack of competence of some judges “brought from the Lahore High Court (LHC)” for its delegation in Islamabad.

IHC Senior 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 noted that although the incident was the same, two separate trials took place, raising important legal questions. Judge Kayani commented that if evidence from one trial is presented in another, it is not clear how the court can legally consider it.

He questioned the conduct of the trial judge and was informed by the defense lawyer that the verdict had been pronounced by Additional Sessions Judge Muhammad Afzal Majoka.

Expressing concern over judges appointed by the LHC, Justice Kayani said some judges were issuing verdicts without recording witness testimony, which he termed deeply worrying, especially in serious cases like murder.

“Does anyone from the bar ever go and tell the Chief Justice how and what kind of judges have been brought as MPs from Lahore?” asked. He stressed that while errors can occur, they should not be due to negligence or haste.

The judge emphasized the supervisory role of the high court over subordinate courts and ordered that both prosecutors and judges require adequate training. The court summoned the Islamabad attorney general for assistance and adjourned the hearing.

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