Pakistan Case Law
1987 SCMR 1913

ABDUL RASHID KHAN And Others vs SWAT TEXTILE MILLS LTD. HARIPUR

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Citation1987 SCMR 1913
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 136-R of 1987 Writ Petition No.286 -of 1986
Date1987-07-20
Judge(s)Nasim Hasan Shah, Javid Iqbal and Saad Saood Jan
Authored byNasim Hasan Shah
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter originated as a petition for leave to appeal against an order passed by the Chief Justice of the Peshawar High Court, which transferred a pending writ petition from the Abbottabad Bench to the principal seat at Peshawar. The core legal question before the Supreme Court was whether the Chief Justice possessed the authority to transfer proceedings between different Benches of the High Court. Upon review, the Supreme Court held that the impugned transfer order was legally valid and fully justified. The Court relied on Rule 7 of the Peshawar High Court (Establishment of Benches) Rules, 1982, which explicitly empowers the Chief Justice to transfer any proceedings pending at the principal seat or a Bench to another Bench or the principal seat of the High Court. Consequently, the Supreme Court dismissed the petition for leave to appeal, affirming that the Chief Justice's administrative power to manage the distribution of cases and transfer proceedings between Benches is clearly established by the relevant rules governing the establishment of Benches within the High Court.

Questions settled in this judgment
  • Does the Chief Justice of the Peshawar High Court have the authority to transfer a pending writ petition from one Bench to another?
  • Is an order transferring a case between Benches of the High Court covered by the Peshawar High Court (Establishment of Benches) Rules, 1982?
Laws & provisions referred
  • Rule 7, Peshawar High Court (Establishment of Benches) Rules, 1982
transfer of proceedingsHigh Court Benchesadministrative powers of Chief Justicewrit petitionPeshawar High Court

ORDER

1. NASIM HASAN SHAH, J.-- A writ petition was pending before the Abbottabad Bench of the Peshawar High Court which, on the application submitted by respondent No.1, was transferred by the learned Chief Justice of the Peshawar High Court by order dated 20-6-1987 for hearing at Peshawar. This petition for leave to appeal is directed against the said order transferring the case from Abbottabad to Peshawar.

2. Rule 7 of the Peshawar High Court (Establishment of Benches) Rules, 1982 provides that: "The Chief Justice may transfer any proceedings pending at the principal seat or a Bench to another Bench or the principal seat of the High Court."

3. The impugned order passed by the Chief Justice is fully covered by the terms of the above Rules.

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