Tensions escalated over the issue of bench formation in the Islamabad High Court (IHC), with a divisional bench raising serious questions about the authority of the Acting Chief Justice to reassign cases between benches.
The divisional bench also barred the Deputy Registrar Judicial from transferring cases from single to divisional benches without proper legal justification, 24NewsHD TV Channel reported on Friday.
The divisional bench, comprising Justice Mohsin Akhtar Kayani and Justice Sardar Ejaz Ishaq Khan, issued a 12-page ruling, stressing that case transfers or markings must strictly adhere to judicial guidelines.
In response, the acting chief justice has issued fresh orders for cases to be returned to different benches.
According to the judgement, the Deputy Registrar Judicial must continue following existing guidelines unless a full court provides additional interpretation of the High Court Rules.
The court emphasised that under these rules, it is the Deputy Registrar’s responsibility to assign cases to the relevant benches—not to reassign them without legal grounds. Case transfers are only permissible when there are similar legal issues involved and proper justification is provided.
The ruling clearly distinguishes administrative powers from judicial discretion. It states that while the Chief Justice has the authority to approve the court roster, marking or fixing cases is the judicial domain of the Deputy Registrar. The registrar does not have the authority to recall or reassign cases to other benches arbitrarily.
Citing the precedent set in the Asif Zardari case, the court reiterated that it is for the judge to decide whether or not to hear a case. In the present case, no judge has recused themselves, nor was there any question of bias, the court noted. The office staff, it said, failed to assist the acting CJ in an appropriate manner, leading to an "embarrassing" situation for the court. The judgement also referenced CPC provisions and the High Court Rules for future guidance.
The ruling warned against interpreting administrative authority as equivalent to judicial business. Since Islamabad High Court does not have multiple seat arrangements like Lahore High Court, its administrative protocols differ. If the Deputy Registrar feels a case should be heard by another bench, they must consult the bench reader and refer it to the senior-most judge in that bench.
The order also highlighted that while one bench had requested not to be assigned tax and similar cases, the Acting Chief Justice transferred all such cases to Division Bench-II without citing any list or previous pendency. It also revealed that a case had been under hearing for 16 dates before Justice Sardar Ejaz Ishaq Khan’s bench, indicating significant progress had already been made by the single bench.
The court criticised the Acting Chief Justice’s administrative order for lacking both reasoning and reference to the High Court Rules and Orders. It clarified that as per the decision in the Toshakhana (Tareen) case, while the Chief Justice may form benches, they cannot reconstitute or amend them unless the bench recuses or requests a change with reasons.
Meanwhile, the hearing of a suo motu contempt case could not take place due to the unavailability of Justice Sardar Ejaz Ishaq Khan. The case concerns the controversial transfer of a matter from his bench to another, triggering contempt proceedings against the Deputy Registrar Judicial and others.
The case had originated after a matter involving the Superintendent of Adiala Jail was moved to another court, prompting the court to initiate contempt proceedings on its own motion.
Reporter: Ehtisham Kiyani