ISLAMABAD: Justice Babar Sattar of the Islamabad High Court (IHC), Friday ruled that the obligation to fix urgent and ordinary cases before available benches falls within the domain of the Deputy Registrar under the High Court Rules adopted by the IHC.
He maintained that the responsibility of the Chief Justice is to approve the roster of the benches of the Court prepared by the Deputy Registrar.
In a service matter related case, Justice Babar Sattar had determined by the order dated 14.03.2025 that it would be in the interest of justice if another bench hears the instant petition.
The judge noted that however, the file has inexplicably been returned to the docket of this Court with remarks recorded on the administrative side made by the Acting Chief Justice that the case is to be heard by the same bench.
Justice Sattar also noted that the return of the case to this court must have been an inadvertent mistake made by the Registrar’s office and/or the staff of the office of the Acting Chief Justice.
He ruled, “With due respect, the Chief Justice has no authority to determine on the administrative side or otherwise as to whether or not a Court ought to hear a case. Once a case is set down for hearing before a Single or Division Bench in terms of Rule 4 of Part A of Chapter 3 of Volume V of the Rules and Orders of the Lahore High Court (while Rules have been adopted by the Islamabad High Court), it is for such bench to determine whether circumstances arise for the case to be transferred to another bench, including on grounds of recusal of a Judge comprising the Bench.
“Once the Judge comprising the Bench determines that he/she would not like to hear the case for reasons stated, the said judicial order is not amenable to interference by the office of the Chief Justice or the Registrar considering it an administration matter,” maintained the judge.
Justice Sattar ruled that the obligation to fix urgent and ordinary cases before available Benches falls within the domain of the Deputy Registrar under the High Court Rules adopted by the IHC. The responsibility of the Chief Justice is to approve the roster of the benches of the Court prepared by the Deputy Registrar.
He also held, “But once such roster is prepared and approved, the Chief Justice has no role to play in the fixation of each and every case filed in the Court. It is only where a Bench seized of a case opines that a lager or special bench be constituted to hear the matter that the matter must be referred to the Chief Justice, as the High Court Rules vest in his office the authority to approve the roster of Benches.”
Justice Sattar stated that our present practice of referring a matter, that a Bench assigned a case wishes to recuse from, to the Chief Justice for reassignment and transfer from one Court to another is not in accordance with the High Court Rules.
He continued that in case of recusal or where the need arises to transfer a case out of the docket of the Bench seized of it, the matter ought to be marked to the Deputy Registrar for placement before another available Bench, in view of the roster of sitting of Benches approved by the Chief Justice in terms of Rule 2 of Part A of Chapter 3 of Volume V of the Rules and Orders of the Lahore High Court.
Copyright Business Recorder, 2025
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