Law: Constitution of Pakistan 1973

Section: 151

  High Court Establishment Order (8 of 1970)- ----Para. 9---Sindh Chief Court Rules (O.S.), R.11---Constitution of Pakistan (1973), Art.197---Civil Procedure Code (V of 1908), S.151---Transfer of one individual case from one Judge of High Court to another Judge of High Court---'Powers of Chief Justice of High Court extend only to assign cases to different Benches by fixing/assigning roster and to allocate class of particular cases to a Bench and to -constitute Benches---Such power would be deemed to be administrative power---Power to transfer individual case vests with the Supreme Court only, and that too, with regard to transfer of case from one particular High Court to another High Court---Chief Justice of High Court was, thus not judicially empowered nor has any superior authority vested ill him to transfer individual case from one Bench which was lawfully seized of it according to roster and was hearing the same judicially, to another Bench of the same High Court at the instance of one of the parties---Application presented to Chief Justice by petitioner for transfer of his case from one Judge of the High Court to another Judge of the same High Court was, thus not maintainable and same would merit dismissal. [pp. 574, 575] A&B Crown v. Abdul Aziz and another Hussain PLD 1952 Sindh 1; Siddiq Wahab v. Syed Iftikhar Hussain PLD 1956 (W.P.) Kar. 291; Krishan Gopal v. Prakashchandra and others AIR 1974 SC 2(19; In re: The Special Court Bill, 1978 AIR 1979 SC 478; S.P. Gupta and others v. President of India and other AIR 1982 SC 149; "We the People" by Palkiwala, pp.227 & 230; Commentary on Constitution of India by Basu, pp.261, 263 & 269, Silver Jubilee Edition; Commentary of Indian Constitution by Sirvai, 3rd and 4th Edns., pp. 2370, 2372 & 2639; Speeches of Quaid-e-Azam, compiled by Rafiq Ahmed, p.405; PLD 1967 Jour. 97; Mst. Amina Begum and others v. Mehar Ghulam Dastagir PLD 1978 SC 720; Zikar v. The Government of State of Madh. Pra. AIR 1951 Nag. 11; Amanullah Khan and others v. The Federal Government of Pakistan PLD 1990 SC 1092. and Habid-ul-Wahab Al-Khairi and others PLD 1995 Lah, 27 ref. Constitution of Pakistan…