ISLAMABAD: While hearing a jail appeal of Zeeshan Masih – who is currently serving life sentence – Justice Mohsin Akhtar Kayani of the Islamabad High Court on Wednesday questioned the procedural legality of allowing a single FIR to result in separate trials and judgments.
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, ET reported.
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.
State run news agency APP adds :The Islamabad High Court (IHC) on Wednesday summoned Prosecutor General Islamabad for assistance on the questions that how were two FIRs and trial could be conducted of the same incident and decided separately. Justice Mohsin Akhtar Kayani remarked that there was only one incident, the trials were held in two separate FIRs, this is a legal question. He said that the lawyers should meet the Chief Justice and tell him that the judge has ordered this.
He remarked that no one from the bar goes and tells the Chief Justice how judges have been brought on deputation from Lahore who decide without witnesses. Justice Mohsin Akhtar Kayani of the Islamabad High Court heard the jail appeal of convict Zeeshan Masih, who was sentenced to life imprisonment in a murder case.
Justice Kayani remarked that there was only one incident, the trials were held in two separate cases while the lawyers are showing evidence from another trial, so how can the court see it? He remarked that judges can make mistakes, you should train the prosecutors. The court said that according to the lawyer, the judge came and saw nothing and made the decision, if a judge rushes like this in a case like murder, it will be injustice.
Justice Kayani said that I have told the member inspection team, get some training for the judges too. He remarked that mistakes happen but they should not be based on malice, we have to learn, the High Court has the authority to supervise the subordinate courts. The High Court has to see how the work is being done in the lower courts, how was the FIR and cross version of the same incident tried separately and the decision was made?
