A new controversy has emerged in the Islamabad High Court (IHC), as a dispute between Acting Chief Justice Sarfaraz Dogar and the judges of the court has surfaced over case transfers and judicial authority. The issue stems from an administrative order issued by the Acting Chief Justice regarding the hearing of a case by Justice Babar Sattar’s bench. However, Justice Babar Sattar has questioned the authority of the Acting Chief Justice in this matter, leading to a judicial standoff.
Case Transfer Sparks Dispute in Islamabad High Court
The issue began when an administrative order from Acting Chief Justice Sarfaraz Dogar stated that Justice Babar Sattar excused himself from hearing a particular case. Following this, the Chief Justice directed that Justice Babar Sattar’s bench should still hear the case.
However, Justice Babar Sattar responded with a judicial order, raising concerns about the Acting Chief Justice’s powers in deciding case transfers. He directed the Deputy Registrar to assign the case to a new bench, challenging the Chief Justice’s intervention in judicial matters.
Justice Babar Sattar Questions Chief Justice’s Authority
In his written order, Justice Babar Sattar highlighted that:
On March 14, his court had already returned the case to another bench for reassignment.
Despite this, the case file was inexplicably sent back to his court, with remarks from the Chief Justice on the administrative side, stating that the same bench should hear the case.
Justice Babar Sattar termed this as a possible clerical mistake or an inadvertent error from either the Chief Justice’s office or the Registrar’s staff.
Who Has the Authority to Transfer Cases?
Justice Babar Sattar’s order challenged the scope of the Chief Justice’s role, emphasizing that:
A judge has the right to recuse themselves from hearing a case when assigned to a bench.
The Chief Justice does not have the authority to decide whether a specific court must hear a case or not.
The Deputy Registrar holds the power to schedule both emergency and general cases for hearings.
Once the Chief Justice approves the roster of benches, they have no role in assigning individual cases unless there is a request for a larger bench or an issue requiring Chief Justice’s attention.
Conflict Over Case Assignments & Judicial Independence
Justice Babar Sattar’s judicial order made it clear that:
Sending a recused case to the Chief Justice for reassignment is not aligned with established court procedures.
Instead, the case should be sent directly to the Deputy Registrar to be allocated to another bench.
There is no provision in the rules allowing the Chief Justice’s office or the Registrar’s office to override a judge’s decision to excuse themselves from a case.
Implications of the Judicial Rift
This dispute highlights a growing concern over judicial independence and administrative influence in case management within the Islamabad High Court. The issue raises critical questions about the authority of the Acting Chief Justice in controlling judicial proceedings and whether administrative decisions are encroaching upon the judiciary’s independence.
Legal Experts Weigh In
Legal experts believe that:
If this precedent is allowed to continue, it could undermine judicial autonomy by allowing administrative control over which judges hear specific cases.
The Chief Justice’s role is primarily to approve the bench roster, but once it is finalized, case management should be handled independently by the relevant court staff.
Any further escalation of this dispute could impact the court’s credibility and internal functioning, potentially leading to larger judicial reforms.
With Justice Babar Sattar challenging the Acting Chief Justice’s decision, it remains to be seen how the Islamabad High Court resolves this internal conflict. Will the Chief Justice assert more control over judicial assignments, or will the Deputy Registrar’s role in case transfers be reinforced?
As the controversy unfolds, the legal community watches closely, as the outcome of this dispute could reshape the future of judicial case management in Pakistan.
