ISLAMABAD: (Click Pakistan) Islamabad High Court (IHC) Judge Justice Mohsin Akhtar Kayani on Tuesday cast strong doubts on trials that are done by judges who are on deputation and he wondered how the credibility of judgments issued without the due recording of the witnesses testimony.
The statements came at the time of hearing an appeal where a man who was convicted and sentenced to life imprisonment in a murder case filed an appeal. When analyzing the case record, Justice Kayani has indicated that there were major irregularities in law and that two trials and verdicts were to be given to the same incident, though on an FIR and its cross version.
The judge remarked that it was a single incident, but two trials were done separately because the defence attorney was alluding to parallelogram proceedings.
Justice Kayani called the prosecutor general to the court to help him and ordered the case to be referred to the chief justice. On hearing that the decision was passed by the Additional District and Sessions Judge Afzal Majoka, the judge was worried that deputizationist judges were giving their judgments without even hearing the witnesses.
He admitted that mistakes in deciding cases might be made by the courts but emphasized that poor training especially on serious cases like murder causes severe form of injustice. The judge said that when a judge hears a case such as this he does so at a great hurry, it amounts to an injustice.
Justice Kayani directed the inspection teams to put training programs to the judges and he insisted that the judges should not also make mistakes based on negligence or incompetence. He reiterated the power of the high court to oversee other lower courts and maintain the right standards of justice.
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