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Sessions Judges are empowered u/s 528(1A) of Cr.P.C to Withdraw or Recall Cases assigned to ASJ before the Trial or Appeal Hearing begins --- Lahore High Court, Lahore

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Sessions Judges are empowered u/s 528(1A) of Cr.P.C to Withdraw or Recall Cases assigned to ASJ before the Trial or Appeal Hearing begins --- Lahore High Court, Lahore

Islamabad 10-12-2024: In a landmark ruling, the Lahore High Court has clarified the scope of administrative and judicial powers of Sessions Judges under the Code of Criminal Procedure, 1898 (Cr.P.C.), particularly concerning the transfer of bail applications. The judgment, delivered in [Transfer Application No. 10572-T of 2024], overrules a prior precedent and emphasizes the importance of ensuring fair and expeditious justice.

The Petitioner sought the transfer of a pre-arrest bail application, pending before an Additional Sessions Judge in Faisalabad, to another Court. The primary legal question revolved around whether a Sessions Judge has the authority under Section 528(1A) of Cr.P.C. to transfer cases before the commencement of trial.

The Court examined the interplay between Sections 526 and 528 of Cr.P.C. and the administrative powers of Sessions Judges. It held that Sessions Judges are empowered to withdraw or recall cases assigned to Additional Sessions Judges before the trial or appeal hearing begins.

The judgment also clarified that bail applications are integral to the judicial process and fall within the ambit of “cases” under Cr.P.C. It cited prior precedents, including PLD 1985 Lahore 65 and 1994 P.Cr.L.J 2507, which held that bail decisions are substantive judicial orders.

In a significant move, the Court overruled (PLD 2020 Lahore 382) (Naveed Hussain Vs. The State), which had restricted the Sessions Judges’ powers to transfer cases. The Lahore High Court emphasized that these powers are essential to reduce the burden on higher Courts and ensure efficient justice delivery at the district level.

The Court further highlighted Article 37(d) of the Constitution of Pakistan, which mandates inexpensive and expeditious justice. It recognized procedural provisions, such as Section 528 Cr.P.C., as tools to decentralize authority and bring justice closer to the litigants.

The judgment directed the Registrar to circulate its findings to all Sessions Judges in Punjab, ensuring uniform compliance across the province. The Court underscored the need for consistent application of the clarified powers to facilitate justice efficiently.

This judgment reaffirms the judicial and administrative roles of Sessions Judges while emphasizing the broader constitutional goal of accessible and timely justice. It sets a clear precedent for handling future requests for transferring bail applications and similar matters within the judiciary.