The ongoing power struggle between the acting Chief Justice of the Islamabad High Court (IHC) and the judges has intensified, with Justice Babar Sattar recusing himself from a service-related case and issuing strong remarks about judicial independence.
Justice Sattar sent the case file back, requesting the formation of a new bench to hear the matter. However, despite his March 14 order, the case was returned to his court, prompting him to issue a written directive questioning the move.
"Incomprehensibly, the case file has been sent back to this court," Justice Sattar noted, emphasizing that the Chief Justice has no authority to decide which judge must hear a particular case.
He stated that the decision to recuse from a case lies solely with the concerned judge once it is assigned.
Justice Sattar highlighted that, according to High Court rules, the Deputy Registrar holds the authority to schedule both emergency and general cases, while the Chief Justice’s role is limited to approving the roster of benches.
Once the roster is finalized, the Chief Justice does not have the administrative power to interfere in case assignments, he added.
Referring to the practice of referring recusal cases to the Chief Justice, Justice Sattar declared it against established court rules. Instead, he directed that such cases should be sent to the Deputy Registrar for reassignment to another bench.
Reporter: Ehtisham Kiyani