IHC judge disputes legality of new court rules

Express Tribune

16 hours ago

Islamabad High Court (IHC) judge Justice Babar Sattar has raised objections to the newly notified Islamabad High Court Establishment (Appointment and Conditions of Service) Rules, 2025, asserting they lack legal authority as they were not approved by a full court.
In a letter addressed to all ten IHC judges, Justice Sattar stated that he was not aware of any full court meeting convened to consider the enactment of the Rules or the repeal of the rules.
"The Rules are, therefore, devoid of legal authority and have been issued in breach of the requirements of Article 208 as well as those of the Lahore High Court Rules and Orders, as adopted by the Islamabad High Court," he argued.
The letter, along with a copy of the new rules, has been submitted to the Supreme Court during hearings on a petition filed by five IHC judges challenging the transfer of three judges from other high courts to the IHC.
Justice Sattar urged his fellow judges to undertake corrective measures without delay, stressing the potential consequences for IHC staff.
He noted that if rules are challenged or it otherwise emerges that the high court has itself purported to enact rules in breach of requirements of Article 208 of the Constitution and the Lahore High Court Rules and Orders, "it will cause great embarrassment to this high court".
He added that it would also prejudice "the rights and entitlements of the employees of this Court".
He noted having received S.R.O. 585(1)/2025 dated March 25, 2025, which was published in the Gazette of Pakistan on April 10, 2025, notifying the Islamabad High Court Establishment (Appointment and Conditions of Service) Rules, 2025.
"The preamble states that the Rules have been enacted in exercise of authority under Article 208 of the Constitution, which says that the Supreme Court, the Federal Shariat Court and the Islamabad High Court, with the approval of the President and a High Court, with the approval of the Governor concerned, may make rules providing for the appointment by the Court of officers and servants of the Court and for their terms and conditions of employment."
Justice Sattar contended that constitutional authority under Article 208 rests with the full high court.
"The authority under Article 208 of the Constitution is vested in the High Court which is defined in Article 192 of the Constitution as consisting of a Chief Justice and Judges of the High Court. The power created by Article 208 can neither be delegated nor be exercised in any manner other than by the High Court itself i.e. all Judges of the High Court in a collegiate manner."
He further pointed to legal limitations regarding the delegation of such powers, noting that it was a settled proposition that discretionary authority cannot be sub-delegated unless the law which creates such authority provides for its further delegation.
Justice Sattar added that no such delegation exists under the existing provisions.
"In any event, the power under Article 208 of the constitution has not been delegated as is evident from the provisions of Rule 5(2) of Chapter 10, Part A of Volume-V of the Lahore High Court Rules and Orders, adopted by the Islamabad High Court."
He also cited case law on the matter.
"The manner in which the High Court can exercise authority in terms of Article 208 of the Constitution has also been explained in Muhammad Shabbir vs. Registrar, Islamabad High Court and another (Judicial Service Appeal No. 03 of 2026)," he added.
Meanwhile, another IHC judge, Justice Saman Riffat, also submitted her own letter to the SC.
In her May 5 letter to the IHC registrar, Justice Riffat refers to the earlier notification regarding the Islamabad High Court Practice and Procedure Rules, 2025, published via Gazette Notification No. S.R.O.169(1)/2025 dated February 18, 2025.
"As the letter dated 25-4-2025 informed her that the Islamabad High Court Practice and Procedure Rules, 2025 have been published vide gazette Notification No.S.R.O.169(1)/2025 dated 18.02.2025."
She referred to previous correspondence contradicting the registrar's claim.
"Please recall that vide Letter dated 11-3-2025 you were informed that contrary to your assertion the Rules & Orders of the Lahore High Court. Lahore were in fact adopted by the Honourable Chief Justice and Honourable Judges of this Court vide Notification No. 354/Legis/IHC dated 28-08-2019 and not by the Administration Committee. You were directed to provide all the amendments that have been made to the Rules & Orders of the Lahore High Court, Lahore by the Administration Committees of this Court as claimed by you as well as the date on which the purported Islamabad High Court Practice and Procedure Rules, 2025 were framed and the names of the Members of the Administration Committee who framed the same."
She further noted the absence of a reply.
"Neither such information nor copy of the Rules has been provided despite lapse of 10 days since your last letter confirming their publication," she added.
Justice Riffat reiterates her demand.
"Once again you are directed to provide the information and documentation as well as the purported Islamabad High Court Practice and Procedure Rules, 2025," she added.