Islamabad:
Islamabad High Court (IHC) Judge Justice Babar Sattar has raised objections to the recently notified Islamabad High Court establishment (appointment and conditions for service) rules, 2025, and claim that they lack legal authority when they were not approved by a full court.
In a letter addressed to all ten IHC judges, Justice Sattar declared that he was not aware of any full court meeting called to consider the adoption of the rules or termination of the rules.
“The rules are therefore devoid of legal authority and have been issued in violation of the requirements of Article 208 as well as the rules of Lahore High Court rules and orders adopted by Islamabad High Court,” he argued.
The letter, along with a copy of the new rules, has been submitted to the Supreme Court during consultations on a petition filed by five IHC judges who contested the transfer of three judges from other high courts to IHC.
Justice Sattar called on his fellow judges to take on corrective measures without delay and emphasize the potential consequences of the IHC staff.
He noted that if rules are contested or that it otherwise arises that High Court itself has claimed to adopt rules under violation of the requirements of Article 208 of the Constitution and Lahore High Court rules and orders, “it will cause great embarrassment to this Supreme Court”.
He added that it would also prejudice “the rights and rights of the employees of this court”.
He noted that he had received SRO 585 (1)/2025 dated March 25, 2025, published in the Gazette of Pakistan on April 10, 2025 and notified Islamabad High Court establishment (appointment and conditions for service) Rules, 2025.
“The introduction says the rules have been adopted in the exercise of authority under Article 208 of the Constitution, which states that the Supreme Court, the federal Shariat court and the Islamabad High Court, with the approval of the President and a Supreme Court, with the approval of the governor concerned.
Justice Sattar claimed that the constitutional authority under Article 208 rests on the full Supreme Court.
“The authority under Article 208 of the Constitution is awarded in High Court, which is defined in Article 192 of the Constitution as consisting of a Supreme Court and the Judges of the Supreme Court. The power created by Article 208 can neither be delegated nor exercised any other way than by High Court himself, ie all judges of the Supreme Court of a Collegiat.”
He also pointed to legal restrictions on the delegation of such powers and noted that it was a firm proposal that the discretionary authority cannot be divided unless the law creating such authority contains the additional delegation.
Justice Sattar added that there is no such delegation under the existing provisions.
“In any case, the force under Article 208 of the Constitution has not been delegated as stated in the provisions of Rule 5 (2).
He also cited case law on the case.
“The way High Court can exercise authority in the form of Article 208 of the Constitution has also been explained in Muhammad Shabbir against Justice Secretary, Islamabad High Court and another (Legal Service Appeal No. 03 of 2026),” he added.
Meanwhile, another IHC judge, Justice Saman Riffat, also presented his own letter to SC.
In her letter 5 May to the IHC registrar, Justice refers riffat to the previous notification regarding Islamabad High Court Practice and Procedure Rules, 2025, published via Gazette Review No. SRO169 (1)/2025 dated 18 February 2025.
“When the letter dated 25-4-2025 informed her that Islamabad High Court practice and procedural rules have been published by Vide Gazette Review No. RO169 (1)/2025 dated 18.02.2025.”
She referred to previous correspondence that contradicts the Justice Secretary’s claim.
“Please remember that Vide-letter dated 11-3-2025 You were informed that, unlike your claim of rules and orders from Lahore High Court. Lahore was actually adopted by the Honorable Chief Justice and Honorable Judges in this Court Video Review No. 354/Legis/IHC dated 28-08-2019 and not in the Administration’s Committee. been made to reign & schemes for LAF High Court, Lahore by the Administration Committees for this court, as you claim, as well as the date when the alleged Islamabad High Court practice and procedure, 2025, were framed and the names of the members of the Administration Committee that framed the same.
She also noted the absence of an answer.
“Neither such information nor a copy of the rules has been delivered despite lapse of 10 days since your last letter confirming their publication,” she added.
Justice rifhate is repeating her requirement.
“Once again, you are instructed to provide information and documentation as well as the alleged Islamabad High Court practice and procedure rules, 2025,” she added.
