Justice Sardar Ijaz Ishaq Khan of the Islamabad High Court (IHC) on Wednesday took notice of the cancellation of his court's cause list and the transfer of a case to a larger bench.
He initiated contempt of court proceedings and sought replies from the IHC Deputy Registrar Judicial and the Advocate General.
The matter arose after all cases related to the jail meetings of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan were scheduled for hearing before a three-member bench, headed by Acting Chief Justice Sardar Sarfaraz Dogar, on Thursday (today).
Justice Khan initiated the proceedings after a contempt of court casefiled by PTI's Mashal Yousafzai against the Adiala jail superintendent was delisted.
In response to the court's notice, Deputy Registrar Sultan Mahmood appeared before the judge and stated that the instructions had come from the Chief Justice's office.
The court questioned whether the Chief Justice had the authority to transfer a case pending before a judge without their consent. Justice Khan noted that court rules did not mention such powers and raised concerns over the implications of such actions.
He remarked that if, hypothetically, there were "a very corrupt Chief Justice in the future," such authority could open the doors to corruption and nepotism. He further stated that this action was "tantamount to misleading the court of justice."
Expressing frustration, the judge remarked that if the state insisted on enforcing its will, then his presence in court would serve no purpose. He also questioned whether a judge was dependent on the registrar's office to decide which cases to hear.
Deputy Registrar Mahmood responded that the matter had been referred to the Chief Justice's office for instructions. Justice Khan maintained that the larger bench's actions amounted to contempt of his court's proceedings.
PTI lawyer Shoaib Shaheen pointed out that the state and the jail superintendent were not even parties to the case. Yousafzai added that if such actions were taking place in open court, it raised concerns about the treatment of PTI founder Imran Khan and his wife, Bushra Bibi, inside jail.
Justice Khan replied, "We are worried about our own institution," adding that "the guided missile" initially aimed at them was now coming toward the judiciary itself. The court then adjourned the hearing until Thursday (today).
Meanwhile, a three-member bench, led by Acting Chief Justice Sardar Sarfaraz Dogar and including Justice Arbab Muhammad Tahir and Justice Azam Khan, is set to hear all cases related to the PTI founder's jail meetings today.
The contempt of court case concerning Yousafzai's denied meeting with Imran Khan is also among the scheduled hearings. The case was originally set for hearing before Justice Khan on Wednesday but was removed from the cause list.
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