Registrar can’t transfer cases without legal grounds, approval: IHC

ISLAMABAD: The Islamabad High Court (IHC) has restricted the deputy registrar (judicial) from reallocating cases between benches without legitimate legal grounds, issuing firm directives amid growing concerns on the reconstitution of judicial benches.

The ruling was delivered by a division bench comprising Justice Mohsin Akhtar Kayani and Justice Sardar Ejaz Ishaq Khan, who released a 12-page judgment pointing to irregularities in the administrative actions of Acting IHC Chief Justice Sardar Sarfraz Dogar.

The court noted that the deputy registrar has no powers to withdraw a case from one bench and assign it to another without clear legal justification. It pointed to the recent transfer of a blasphemy case from a division bench back to a single bench, stressing that there was no recusal or bias to warrant such reassignment.

The judgment added that the acting CJ’s office did not assist in handling the matter appropriately, resulting in a confusing and concerning situation. The court advised adherence to the Civil Procedure Code (CPC) and High Court Rules to avoid similar issues in future.

The verdict referenced landmark rulings in the Asif Zardari and Tyrian White cases. It upheld that a judge must decide independently whether to hear a case, and while the chief justice can form benches, changes to bench composition require valid reasons such as recusal.

Additionally, the court underscored that the Lahore High Court’s multiple-seating model does not apply to the IHC. If the deputy registrar deems a transfer necessary, they must consult the concerned judge’s reader rather than unilaterally reassigning cases.