‘IHC acting CJ should issue orders in accordance with rules’

ISLAMABAD: The controversy over the authority of the acting chief justice of the Islamabad High Court (IHC), Sardar Muhammad Sarfraz Dogar, to schedule cases for hearing has intensified.

Justice Mohsin Akhtar Kayani and Justice Sardar Ejaz Ishaq Khan expressed surprise at the sudden transfer of cases from single benches to the division bench.

The division bench comprising both judges also upheld the order of Justice Babar Sattar. The court said the registrar’s office should keep the cases before the acting CJ, who should issue orders in accordance with the law, keeping in mind his powers under the High Court Rules and Orders.

A division bench, headed by Justice Kayani, heard the case transferred from the court of Justice Khan. Justice Kayani asked under which law a single bench case can be sent to the division bench.

The lawyers of the parties said they all are worried about this. Justice Kayani said the cases were transferred to the division bench by the order of the acting CJ. “Does anyone know about this specific authority?”

The lawyer said Justice Arbab Tahir probably had a case, so he wrote to form a division bench. Justice Khan said that this is a request to form a commission, and 21 tax cases were also transferred with it.

Justice Kayani remarked that this case is with the single bench, and the case has been heard in detail. The court said the order of the acting CJ to transfer the case does not refer to any specific legal provision.

The court said the administration committee also does not have any order in this regard. “Justice Sattar has passed an order in this regard in which he wrote about the powers of the CJ to assign cases. This case has also been heard in detail by a single bench.”

The court said that it is not appropriate to transfer the case to another bench without any justification. The registrar’s office should place the cases before the acting CJ, it added.

It also said the acting CJ should order them in accordance with the law, keeping in mind the urgent nature of the cases under the High Court Rules and Orders.

The court added that it is expected that the cases will be assigned before the relevant benches soon, keeping in mind the urgent nature of the cases.