Power Struggle Intensifies Between Acting Chief Justice and Judges of Islamabad High Court
Justice Babar Sattar Issues a Written Order Stating That Returning the Case to This Court Was Likely an Unintentional Mistake by the Chief Justice’s Office or Registrar’s Staff
Islamabad (Web News)
The power struggle between the Acting Chief Justice and judges of the Islamabad High Court has intensified. Despite Justice Sarfraz Dogar excusing himself from hearing a case, it was re-listed for Justice Babar Sattar’s bench.
Justice Babar Sattar had previously excused himself from hearing a service-related case and referred it for the formation of a new bench. However, under the instructions of the Acting Chief Justice, an administrative order was issued to schedule the case before Justice Babar Sattar once again. Subsequently, Justice Babar Sattar issued a written order directing the Deputy Registrar to assign the case to a new bench.
In his order, Justice Babar Sattar stated that on March 14, the court had returned the case for scheduling before another bench, but inexplicably, the case file was sent back to his court. The order noted that the file was forwarded with remarks from the Chief Justice’s administrative side, stating that the same bench should hear the case. Justice Babar Sattar remarked that returning the case to his court was likely an unintentional mistake by the Chief Justice’s Office or the Registrar’s staff.
Justice Babar Sattar, in his written order, emphasized that, with all due respect, the Chief Justice does not have the authority to determine whether a specific court must hear a case. According to the rules, once a case is assigned to a bench, the judge hearing it has the discretion to excuse themselves from it.
The order further stated that if a judge recuses themselves from hearing a case, the Chief Justice’s Office or the Registrar’s Office has no room for administrative intervention. As per the High Court Rules, the authority to schedule urgent and general cases for hearing rests with the Deputy Registrar.
According to the order, the Chief Justice’s responsibility is to approve the rosters prepared by the Deputy Registrar for different benches. Once the roster is approved, the Chief Justice plays no role in scheduling cases filed in the High Court.
Justice Babar Sattar further stated that if a bench excuses itself from hearing a case or calls for the formation of a larger bench, the matter is referred to the Chief Justice. However, referring a case to the Chief Justice upon a judge’s recusal is not in accordance with the rules.
The order concluded that when a judge excuses themselves from hearing a case, it should be sent to the Deputy Registrar, who will then assign it to another bench. The case file should be forwarded to the Deputy Registrar (Judicial) for scheduling before a different bench.