Judges Challenge IHC Chief Justice’s Authority Over Bench and Case Rules
Judges Challenge Islamabad High Court Chief Justice Over Administrative Powers
ISLAMABAD — A group of judges has filed a petition in the Supreme Court of Pakistan, challenging the administrative powers of the Chief Justice of the Islamabad High Court (IHC). The petition names the Chief Justice and the State of Pakistan as respondents.
The judges argue that no high court order can stop a judge from performing judicial functions, a restriction that is only allowed under Article 209 of the Constitution. They have requested the Supreme Court to declare that the Chief Justice cannot limit the judicial powers of fellow judges, transfer ongoing cases to other benches without lawful justification, or arbitrarily remove judges from the court roster.
The petition also stresses that bench formation must strictly follow the rules framed under Article 202 of the Constitution. In addition, the judges seek the annulment of notifications issued by the IHC’s administrative committees on February 3 and July 15, describing them as beyond legal jurisdiction.
The judges further contend that the recent rules of the Islamabad High Court are unlawful and should be struck down. They also point out that, under Article 199, a high court cannot issue a writ against itself.
This development comes after four Supreme Court judges — Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Athar Minallah — raised concerns about the approval process for new rules. In a letter to the Chief Justice of Pakistan, they noted that the proposals were never presented before a full court session, and the meeting held only had a one-point agenda addressing difficulties arising from the new rules.
The judges described the process as “unnecessarily procedural and irregular,” emphasizing that rules in Pakistan’s Supreme Court are to be formulated under the Constitution and cannot be bypassed through circulation or partial meetings.
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