Justice Babar objects to IHC Establishment Rules
In the letter addressed to all 10 IHC judges, Justice Sattar asserted that they lack legal authority as they were not approved by a full court. He 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.
He added, '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.'
Justice Sattar said 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.'
The judge stated that he received SRO 585 1)/ 025 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.
He added the preamble stated 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 argued that constitutional authority under Article 208 rests with the full high court. He wrote, '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 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 Babar continued 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,' maintained the judge.
He also said, '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 mentioned, 'I am not aware of any full court meeting that was convened to consider the enactment of the Rules or to consider the repeal of the Islamabad High Court Establishment Appointment and Conditions of Service) Rules. 2011.'
He urged the fellow judges that corrective action be undertaken immediately as the Rules will affect the rights and entitlements of employees of IHC.
The judge concluded that in the event that 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, other than prejudicing the rights and entitlements of the employees of this Court.
Copyright Business Recorder, 2025
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