Power of Supreme Court to transfer case from one High Court to another

2020 SCMR 69 [Supreme Court of Pakistan]

—-Art. 186-A—Criminal Procedure Code (V of 1898), S. 497(5)—Anti-Terrorism Act (XXVII of 1997), S. 7—Power of Supreme Court to transfer case from one High Court to another—Scope—Petitions for cancellation of bail—Transfer of petitions to another High Court—Present case required hearing by a Division Bench, but three out of four available Judges in the [Islamabad] High Court had recused to hear the case, either on their own or on the request of the parties, on more than one occasion—In the presence of available Judges, there was no option for the [Islamabad] High Court to once again attend the plea without leaving the parties remediless, therefore, it was expedient as well as in the interest of justice to withdraw the cases from [Islamabad] High Court and transfer the same to [Peshawar] High Court for disposal in accordance with law—Constitutional petition was allowed accordingly.

Post excerpts