2002 PLP 1342 (SCMR)
Dr. MUHAMMAD BASHIR‑‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE, LAHORE and 2 others‑‑‑Respondents
| Citation | 2002 PLP 1342 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Muhammad Farooq and Abdul Hameed Dogar. JJ |
| Parties | Dr. MUHAMMAD BASHIR‑‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE, LAHORE and 2 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 2002 PLP 1342 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1342 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Muhammad Farooq and Abdul Hameed Dogar. JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1342 (SCMR) (Dr. MUHAMMAD BASHIR‑‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE, LAHORE and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Akbar Cheema, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Nerno for Respondents.
- Date of hearing: 12th March, 2002.
Headnotes / Summary
(On appeal from the order dated 17‑9‑2001 of the Lahore High Court, Lahore, passed in Civil Misc. Application No.3/2001 in Writ Petition No. 2146/2001). Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Arts. 199 & 185(3)‑‑‑Constitutional petition, transfer of‑‑‑Discretion of High Court‑‑‑Petitioner sought transfer of his. Constitutional petition from one Division Bench of High Court to another‑‑‑High Court declined to transfer the petition and the application was dismissed‑‑‑Validity‑‑‑Prayer for transfer of the matter was not backed by any law or the Constitution‑‑‑Order passed by the High Court, being prerogative related act was unexceptionable‑‑‑Supreme Court declined to transfer the petition‑‑‑Leave to appeal was refused.
Judgment & Decree
Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Arts. 199 & 185(3)‑‑‑Constitutional petition, transfer of‑‑‑Discretion of High Court‑‑‑Petitioner sought transfer of his. Constitutional petition from one Division Bench of High Court to another‑‑‑High Court declined to transfer the petition and the application was dismissed‑‑‑Validity‑‑‑Prayer for transfer of the matter was not backed by any law or the Constitution‑‑‑Order passed by the High Court, being prerogative related act was unexceptionable‑‑‑Supreme Court declined to transfer the petition‑‑‑Leave to appeal was refused. Muhammad Akbar Cheema, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner. Nerno for Respondents. Date of hearing: 12th March, 2002. QAZI MUHAMMAD FAROOQ, J.‑‑‑This petition has arisen from the order dated 17‑9‑2001 passed by the learned Chief Justice, Lahore High Court dismissing an application for transfer of Writ Petition No.2146 of 2001 from a particular Bench. The application was dismissed with the following observations:‑‑ "The sought for transfer of the captioned writ petition on the ground that a Division Bench comprising Ihsanul Haq Chaudhry (former Judge) and Mian Saqib Nisar, J., had declined to hear the same on account of propriety is misconceived because that observation was made only by the Senior Member of the Bench and is accordingly hereby dismissed."
2. The prayer for transfer of the matter is not backed by any law or the Constitution and in any event the impugned order being prerogative‑related is unexceptionable. The petition is, therefore, dismissed and leave refused. Q.M.H./M.A.K./M‑381/S