Clash among IHC judges intensifies

Justice Babar Sattar says a division bench can't suspend proceedings pending before a single bench

ISLAMABAD:

Clash among Islamabad High Court (IHC) judges has intensified with Justice Babar Sattar stating that a division bench—led by IHC Acting Chief Justice Sardar Muhammad Sarfraz Dogar—has no authority to suspend proceedings pending before a single bench and to "frustrate" proceedings.

A single-member bench comprising Justice Sattar was hearing a case related to Department of Immigration and Passport. He had adjourned it till April 28 after its last hearing on March 26.

The petition was however not listed for hearing on April 28 in the Regular Cause List. Justice Sattar on April 25 issued a direction to the IHC deputy registrar (judicial) on the administrative side that the matter be listed for hearing on April 28 by virtue of order dated March 26.

The judge also directed that a supplementary cause list be issued to list the matter for hearing in compliance with the order dated March 26 "which had not been impugned before a court of competent jurisdiction and remained in the field".

The deputy registrar, however, informed the bench through a note that an objection application had been filed before the Divisional Bench-I challenging the order of the single-member bench dated March 26.

He noted that the division bench on March 26 admitted the appeal for regular hearing. It further ordered the registrar to club two other cases with the instant case.

However, Justice Sattar on Monday conducted the hearing of the case and later issued an 8-page order, stating that his orders dated March 26 and March 12 were interlocutory in nature and final adjudication of the subjectmatter remains pending.

He noted that the judges comprising division bench-1 were not assisted properly and competently when they were seized by ICA No 98 of 2025 that led to order dated March 26.

"Had their attention been drawn to the settled legal propositions mentioned above, it is unthinkable that they would have summoned the record of this Court or otherwise issued any direction that would thwart or frustrate the proceedings pending before this Court in its constitutional jurisdiction.

"It has been clarified by the Supreme Court in a number of recent cases that there also exists no administrative authority in the Office of the Chief Justice to interfere with a matter that is pending before a duly constituted bench that is seized of that matter and hearing it."

The order said by not listing the petition for hearing on April 28, the deputy registrar (judicial) prima facie acted in breach of order dated March 26, which was never impugned and remains in the field.

Meanwhile, The Lahore High Court Bar Association has submitted a rejoinder in the IHC judges' seniority case.

A five-member constitutional bench of the Supreme Court will resume hearing of the case today.