IHC Seeks Clarity on Chief Justice’s Authority to Withdraw Cases from Bench

IHC Adjourns Hearing, Emphasizes Court's Credibility and Prestige

By DTD- On Mar 20, 2025

ISLAMABAD: The Islamabad High Court (IHC) has directed the Deputy Registrar (Judicial) to present the high court rules to determine whether the Chief Justice holds the authority to withdraw a case from a bench. This decision comes as part of proceedings in a contempt of court case concerning a contempt petition filed by Mashal Yousafzai against the Jail Superintendent.

During the hearing, Justice Sardar Ejaz Ishaq Khan raised significant concerns about the legality of forming a larger bench and proceeding with judicial proceedings without addressing prior office objections. He emphasized the need for a final ruling on whether transferring a case in such a manner is legally valid, noting that no legal provision currently exists to support such transfers.

Justice Khan remarked that if a high court judge had not made this decision, it could have led to criminal contempt of court. However, he clarified that the case was about setting a legal precedent, not focusing on political matters, and thus would not involve issuing a contempt notice.

The hearing also saw Advocate General (AG) Islamabad, Ayaz Shaukat, seeking permission to present his arguments regarding Yousafzai’s legal status as the representative of PTI founder Imran Khan. Shaukat pointed to a media statement claiming Yousafzai was no longer the PTI founder’s lawyer. Justice Khan, however, refocused the discussion on the procedural issue of whether cases could be transferred to a larger bench without due process.

The judge pointed out the lack of adherence to procedural requirements for merging cases and forming a larger bench, questioning whether the parties involved had been properly consulted before the larger bench was formed. He also raised concerns about conflicting positions being adopted in different courtrooms, urging the Advocate General to maintain consistency in his arguments.

Justice Khan stressed that the credibility and prestige of the Islamabad High Court were paramount and expressed a desire to avoid leaving any unpleasant situations for himself or his colleagues. The court adjourned the hearing until after Eid, with further deliberations to follow on this matter.

The outcome of this case could set an important legal precedent for the authority of the Chief Justice in transferring cases and forming larger benches.