Latest news with #HighCourtRules
Express Tribune
29-03-2025
- Politics
- Express Tribune
'CJ can't force bench to hear a case'
Islamabad High Court's (IHC) Justice Babar Sattar has noted that the IHC chief justice has no authority to determineon the administrative side or otherwiseas to whether a bench ought to hear a case or not. "Once a case is set down for hearing before a single or division bench, it is for such a bench to determine whether circumstances arise for the case to be transferred to another bench, including on grounds of recusal of a judge comprising the bench," the judge stated in a three-page order. An IHC bench including Justice Sattar on March 14 determined that it would be in the interest of justice if another bench heard a case. The file of the case was, however, "inexplicably" returned to the docket of the bench. The file contained remarks recorded on the administrative side by IHC Acting Chief Justice Muhammad Sarfraz Dogar that the case was to be heard by the same bench. Commenting on the development, Justice Sattar stated that the return of the case to this bench "must have been an inadvertent mistake made by the Registrar's office and/or the staff of the office of the Hon'ble Acting Chief Justice." He said once the judge comprising a bench determines that he/she would not like to hear the case for reasons stated, the said judicial order is not amenable to interference by the office of the chief justice or registrar considering it an administration matter. "The obligation to fix urgent and ordinary cases before available benches falls within the domain of the Deputy Registrar under the High Court Rules adopted by the IHC. "The responsibility of the Chief Justice is to approve the roster of the benches of the court prepared by the deputy registrar. But once such a roster is prepared and approved, the chief justice has no role to play in the fixation of each and every case filed in the court. "It is only where a bench seized of a case opines that a larger or special bench be constituted to hear the matter that the matter must be referred to the chief justice, as the High Court Rules vest in his office the authority to approve the roster of benches," he added. Justice Sattar stated that the present practice of referring the matter of a bench's desire to recuse themselves from hearing a case to the chief justice for reassignment and transfer from one court to another is not in accordance with the High Court Rules. "In case of recusal or where the need arises to transfer a case out of the docket of the bench seized of it, the matter ought to be marked to the deputy registrar for placement before another available bench, in view of the roster of sitting of benches approved by the chief justice. "Let the file, therefore, be sent to the Deputy Registrar (Judicial) of this Court, who will ensure that it is fixed before another available bench according to the approved roster of sitting of benches, that does not comprise any of the judges [of the existing bench that heard the matter]," he added.
Express Tribune
21-03-2025
- Politics
- Express Tribune
Case delisting controversy refuses to die down
Islamabad High Court (IHC) Justice Sardar Ijaz Ishaq Khan on Thursday directed the Deputy Registrar Judicial to submit the High Court Rules to clarify whether the chief justice could withdraw a case from the court of a judge while pending hearing and send it to another bench. During the contempt proceedings against the deputy registrar, the judge said that he would pen down in his decision that there was no scope in the law to transfer a case in the way the contempt of court plea of Pakistan Tehreek-e-Insaf (PTI) leader Mashal Yousafzai was delisted from the court's cause list. The matter started on Wednesday after all the cases related to the jail meetings of the PTI founder were slated for hearing before a three-member bench headed by Acting Chief Justice Sardar Sarfaraz Dogar on Thursday. The cases included Yousafzai's petition, which was to be heard by Justice Khan. The judge took notice of the cancellation of the cause list of his court. On the court notice, Deputy Registrar Sultan Mahmood appeared in the court and told the judge that the instructions had come from the chief justice's office. Continuing the hearing on Thursday, the judge remarked that he would not issue contempt of court notice to anyone. However, he stressed that the matter was not about the leader of a political party but about setting principles. Appearing on court notice, Islamabad Advocate General (AG) Ayaz Shaukat said that the court spoke its mind on Wednesday and now he should be heard. He added that the controversy arose to determine whether Yousafzai was the lawyer of the PTI founder or not. The AG referred to a statement from the focal person of the PTI founder who had stated that Yousafzai was no longer the lawyer of the PTI founder. Because of that controversy, the AG said, all the cases related to the PTI founder were combined and placed before a larger bench. However, Justice Khan remarked that the court had appointed a commission on that matter. He told the AG if a meeting of the commission with the PTI founder was arranged the matter would have concluded in mere 30 seconds. However, Justice Khan added, this matter was not before the court at the moment, rather the court was looking into the question whether a pending case could be transferred in this way. He said that when a lawyer tells the court that he was a lawyer, the court did not seek confirmation from every petitioner. The judge observed that the matter of combining cases and forming a larger bench was related to the judge who had been hearing the case. Accordingly, he added, the judge referred the matter to the chief justice and on that the chief justice issued an order. The court then addressed the AG: "Will you give the arguments before the larger bench on the contempt of court application?" He added that the contempt of court application would be heard by the same judge whose order had been violated. The hearing was postponed until after Eid.
