Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--Ss. 526 & 561-A--Constitution of Pakistan (1973), Art. 185(3)--High Court passing damaging remarks against Addl. Sessions Judge without notice to him or calling for his comments--Locus standi to challenge by a party to the case--While allowing complainant's applications under Ss. 526 & 561-A, Cr.P.C. High Court transferred petitioner's case from Court of Additional Sessions Judge to that of Sessions Judge and passed some disparaging remarks--Order impugned--Pica raised inter alia on behalf of accused-petitioner that no reason existed for passing, scathing and damaging remarks against the Additional Sessions Judge without issuing him a notice or calling for his comments, not entertained on the ground !hat petitioner had no locus standi to take up cause of Additional Sessions Judge and it was only he who could seek his redress, as provided under the law, if so advised--Leave to appeal refused. Rashid Murtaza Qureshi Advocate Supreme Court and Syed Abul Aasim Jafferi, Advocate-on-Record (absent) for Petitioner. Nemo for the State. Date of hearing: 31st July, 1988. ORDER ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of a learned Single Judge of the Lahore High Court, Multan Bench, dated 12-7-1988, whereby two criminal petitions under sections 526,, Cr.P.C. and 561-A, Cr.P.C. were disposed of. 2. The petitioner, a practising Advocate, has been charged with various offences in the F.I.R. Nos. 331 of 19KS and 332 of 1988, lodged on 2fi-6-1988. He moved the Duty Magistrate for admitting him to bail on 2,6-6-1988. The learned Magistrate after calling for the report from the Ilaqa Police entrusted the bail applications to the Ilaqa Magistrate for consideration on 27-6-1988. It seems that the same day the petitioner submitted two applications before the learned Additional Sessions Judge, Sahiwal, for admitting him to bail. These bail applications were admitted for regular hearing, notice was also issued and the record summoned for 30-6-1988. The petitioner was admitted to interim bail in both the cases. A report from the Magistrate concerned was also called for. This led the complainant…

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