ISLAMABAD (PEN) : A new dispute has emerged within the Islamabad High Court (IHC), as Acting Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Babar Sattar clash over the handling of a case transfer. The issue revolves around the authority of the acting chief justice to decide whether or not a case must be heard by a specific bench.
Disagreement on Case Transfer and Judicial Authority
According to reports, the administrative order issued by Acting Chief Justice Dogar instructed Justice Sattar’s bench to hear the case, despite Sattar’s decision to recuse himself. In response, Justice Sattar issued a judicial order that questioned the acting chief justice’s authority to decide which cases should be heard. He directed the deputy registrar to reassign the case to a new bench.
Justice Sattar’s order pointed out a procedural error, explaining that the case was initially sent back to be reassigned on March 14, but it had been mistakenly resubmitted to his bench. The file contained remarks from the acting chief justice’s office that suggested Sattar’s bench would hear the case, which Sattar deemed incorrect.
Justice Sattar’s Concerns on Judicial Procedure
In his ruling, Justice Sattar emphasized that the chief justice does not have the authority to dictate whether or not a judge can hear a case. He cited legal principles that allow a judge to recuse himself from a case without interference from the chief justice or the registrar’s office. According to the rules, the deputy registrar is responsible for scheduling both emergency and general cases, while the chief justice only approves the roster of benches prepared by the deputy registrar.
Justice Sattar’s order clarified that once the roster is approved, the chief justice has no role in the scheduling of individual cases unless a bench recuses itself or requests the formation of a larger bench. In such cases, the matter should be referred to the chief justice. However, sending a case to the chief justice after a bench recuses itself was deemed by Sattar as a breach of practice rules. He affirmed that in these situations, the deputy registrar should reassign the case to a different bench.
Ongoing Tension Within the IHC
The dispute between the acting chief justice and Justice Sattar highlights ongoing tensions within the IHC regarding judicial procedures and the delegation of authority. While the issue is currently administrative in nature, it underscores the complexities of court operations and the need for clarity on the roles and responsibilities of various judicial offices.
