New dispute arises between IHC acting CJ, judges over transfer of case

ISLAMABAD: A new dispute has arisen between the acting chief justice of the Islamabad High Court, Justice Sardar Muhammad Sarfraz Dogar, and judges over the transfer of a case.

The administrative order issued by the acting chief justice states that Justice Babar Sattar has recused himself from hearing the case. The acting chief justice has issued an administrative order to Justice Sattar’s bench to hear the case.

Justice Babar Sattar issued a judicial order questioning the powers of the acting chief justice and directed the deputy registrar to re-fix the case before a new bench.

Issuing an order on the matter, Justice Sattar observed that on March 14, the case was sent back to be assigned to another bench; however, probably by mistake, the case file has been re-sent to this court, and the file was sent with remarks on the administrative side of the chief justice that the same bench will hear the case.

Justice Sattar wrote in the order that sending the case back to the court could be an inadvertent error on the part of the chief justice’s office or the staff of the registrar. The order observed that the CJ has no authority to decide whether or not a court must hear a case. According to the rules, the judge concerned has the authority to recuse himself from hearing a case when it is scheduled before a bench.

The order further said that there was no room for the chief justice’s office or the registrar’s office to intervene in the event of a judge recusing from hearing a case.

According to the rules, the deputy registrar has the authority to schedule emergency and general cases for hearing. The chief justice’s responsibility is to approve the roster of benches prepared by the deputy registrar.

Justice Sattar’s court said that after the roster is approved, the chief justice has no role in scheduling every case filed. The judge observed that if the bench recuses from hearing a case or asks to form a larger bench, the matter will go to the chief justice.

Sending a case to the chief justice after a bench recuses from hearing it is not in accordance with the practice rules. After a bench recuses from hearing it, the case should be sent to the deputy registrar to be sent to another bench.