High courts don’t issue restraining orders after hearing cases unilaterally: SC

ISLAMABAD: The Supreme Court on Friday observed that the high courts do not issue restraining orders after adjudicating upon cases unilaterally.

A three-member bench of the apex court headed by Justice Umar Ata Bandial heard the petition filed by the federal government, challenging the restraining order passed by the Lahore High Court (LHC) against the transfer of Chairman Faisalabad Electric Supply Company (Fesco) Shafiqul Hassan.

The court expressed reservations over the LHC restraining order after the additional attorney general contended that the high court passed the order without hearing the stance of the federal government. The law officer contended that the transfer of Fesco chairman was made in accordance with law, adding that the high court issued a restraining order on August 28 without a hearing.

Justice Umar Ata Bandial observed that the high court does not issue restraining orders after hearing cases unilaterally. The judge noted that in this case, a unilateral restraining order was issued against the order of the government.

“Powers of the judiciary can only be exercised under certain principles,” Justice Bandial observed, adding that the Supreme Court does not interfere in the interim orders of the LHC. Justice Bandial further observed that the Supreme Court intervenes only if there is a serious violation of the law or if the high court transgresses its jurisdiction of the hearing. The court directed the LHC to decide the matter within a week.

The court ruled that the restraining order will be considered null and void after a week. Later, the court disposed of the petition of the federal government.