IHC questions dual trials, judges' competence

ISLAMABAD:

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

Describing this as a serious legal issue, the capital's high court also lamented over the lack of competence of some judges "brought 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 jail 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 were conducted, which raises significant legal questions. Justice Kayani remarked that if evidence from one trial is presented in another, it becomes unclear how the court can lawfully consider it.

He questioned the conduct of the trial judge and was informed by the defence counsel that the verdict had been delivered by Additional Sessions Judge Muhammad Afzal Majoka.

Expressing concern over judges brought on deputation from the LHC, Justice Kayani said some judges were delivering verdicts without recording witness testimony, calling it deeply troubling, especially in serious cases like murder.

"Whether anyone from the bar ever goes and tells the chief justice how and what kind of judges have been brought on deputation from Lahore?" he asked. He stressed that while mistakes can occur, they should not stem from negligence or haste.

The judge emphasized the high court's supervisory role over subordinate courts and directed that both prosecutors and judges require proper training. The court summoned the Islamabad prosecutor general for assistance and adjourned the hearing.