ISLAMABAD: A division bench of the Islamabad High Court (IHC), Friday, halted the Deputy Registrar (Judicial) to transfer a case from single bench to division bench without any legal justification.
The division bench comprising Justice Mohsin Akhtar Kayani and Justice Sardar Ejaz Ishaq Khan issued the directions, saying that the Deputy Registrar (Jud.) shall not exercise the powers to transfer a case from the single bench to the division bench unless there is a commonality or joinder of the cause of action, or a question of interpretation of law, justifies such an order.
The judges noted, “The Deputy Registrar has no power to transfer any case from any Bench unless the Bench itself asks to do so after recusal or otherwise with reason in judicial order. Even otherwise, in case the Benches specifically constituted such as green Bench, Banking Judge to hear specific cases could not be changed nor shall the cases be transferred from the previous Bench to newly constituted Bench unless the Judge dealing with those cases allows to do so, after his recusal.”
The bench noted that Part-B of Chapter-3 Volume-V of the High Court Rules and Orders deals with the jurisdiction of a Single Bench and Benches of the Court. This reflects the domain of the Division Bench in an explicit manner, including but not limited to Regular First Appeals from the decree of a subordinate Court, the jurisdictional value of which exceeds that of the District Court as prescribed by the Civil Courts Ordinance, 1962 and Sub-rule (ii) of rule 2 also applies where a sentence of death has been passed or in cases where a notice has been issued to a person sentenced to imprisonment or imprisonment for life, requiring him to show cause as to why the sentence should not be altered to death, or in any appeal as categorized in sub-clause C of Part-II of Section 417 of the Code of Criminal Procedure.
It added that in this context, Rule-4A is the only exception, as it deals with the powers of the Chief Justice to refer any matter to a Division Bench of two Judges with the permission of the Single Bench, if he (the Single Bench) deems it appropriate to refer the matter. Therefore, if any matter is pending before the Single Bench, it cannot be transferred or referred to the Division Bench unless the Judge hearing the matter thinks fit to transfer.
The bench directed that in case of any ambiguity, the Deputy Registrar (Judicial) shall seek guidance in terms of Chapter-10, Part-A of Volume-V of the High Court Rules and Orders, especially with reference to Rule 5, Sub-rule (i), (ii), and (iii) which cover all matters involving questions of principle and policy, all cases related to amendments to existing laws or statutory rules of the Court, and all matters concerning the High Court or its judges.
Copyright Business Recorder, 2025
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