Justice Sardar Ejaz Ishaq Khan expresses anger over contempt of court case being transferred to a larger bench
Islamabad (Web News)
“Even if I sit alone in the courtroom, I will write the order.” Justice Sardar Ejaz Ishaq Khan of the Islamabad High Court expressed anger over the contempt of court case being transferred from his court to a larger bench, calling it a severe overreach by the division bench. He questioned, he emphasized that an intra-court appeal is not even maintainable against an interim order of a single judge. “There is a dispute among judges — why should I pretend that there isn’t?”
According to details, Justice Sardar Ejaz Ishaq Khan became infuriated when a contempt of court case was transferred from his court to a larger bench without his consent. He remarked, “If there’s a dispute among judges, why should I pretend otherwise?” He was hearing a suo motu contempt of court case against the Deputy Registrar and others for transferring the case without his approval.
During the hearing, it was revealed that a division bench of the Islamabad High Court had issued an order suspending the contempt proceedings. Justice Ejaz Ishaq Khan responded, “You’re telling me that the division bench has ordered this court to stop hearing the contempt case — that’s an extreme overstep of authority by the division bench. It is a settled principle of law that an intra-court appeal is not maintainable against an interim order issued by a single judge. This order of the division bench undermines the authority of a senior fellow judge.”
He added, “If I accept this overreach of authority, why would petitioners have any confidence in my court? Why would they comply with orders issued by this court? What will happen is that the moment I issue a show-cause notice for contempt, the division bench will suspend it. Let me be clear — even if I have to sit in this courtroom alone and pretend that people are present before me, I will still write the order.”
The court questioned the Additional and Deputy Registrar as to why they had hidden the filing of the intra-court appeal from the court. He said, “They heard you and assumed I was wrong — that I didn’t know the law. Are we turning the Islamabad High Court into a joke? I had reassured you not to worry and that no action would be taken against you — yet you still filed the intra-court appeal, or were you forced to do so?”
Justice Sardar Ejaz Ishaq said, “Whether it is Sardar Ejaz sitting here or any other judge, this is Courtroom No. 5 of the Islamabad High Court. When the case went before the division bench, where was the representation of this court? A one-sided order was issued. Once the order was made, it was presented before this court that proceedings had been stopped. An intra-court appeal is simply not maintainable against an interim order by a single bench. I am astonished that the Additional and Deputy Registrars, even after thirty years of service, were unaware of this fact. Did the division bench also not know that such an appeal is not maintainable?”
He further added, “I will proceed with this contempt of court case and write a verdict. I will determine whether the Chief Justice has the authority to withdraw a contempt case from a judge. This is a severe blow to the foundation of this institution.”
Court-appointed amicus curiae Advocate Faisal Siddiqi said that the division bench’s order was ambiguous, and until clarification is issued, action against the Additional and Deputy Registrar should not be taken, as it creates the impression of a dispute among judges.
Justice Ejaz Ishaq responded, “There is a dispute among judges — why should I pretend otherwise? The gloves are off. An intra-court appeal is not maintainable against an interim order. This will set a precedent that will last for decades. I never imagined something like this could happen to my court.”
The hearing was later adjourned until June 12.