Islamabad:

Justice Sardar Ejaz Ishaq from Islamabad High Court (IHC) has sought the help of the court’s Amici and the Attorney General (AG) in disdain for trial of the transfer of a case pending for him to another bench.

The judge issued a written order on the hearing of disdain for trial against the Deputy Generator and others. The judge imposed on the deputy who, at the next, heard the rules regarding the authority to withdraw contempt for the trial without the consent of the judge in question.

The written court ruling stated that the office in the Court’s management brought the acting Chief Justice’s order 17 March on the record, and the court requested the Attorney General to help it understand the order.

According to the first paragraph of Chief Justice’s order, the petitioner did not press his request for the transfer of case, but from the second section it appeared that the petitions were consolidated and that the relief of the transfer was awarded, the order stated.

It is obvious that the cases could not be clubed together without being transferred first, the judge said in his order. He also wrote in the order that he may not read the order correctly, or maybe there was another way to read it. He ordered AG to help the court at the next hearing.

The order stated that a CPC was filed according to section 24 and AG after some hesitation admitted that section 24 did not use. Since the High Court Bench was not a subordinate court for the functioning Chief Justice’s Court, the Justice Secretary’s office established this petition before the functioning Chief Justice with objections.

However, the order of the functioning Chief Justice about forming a larger bench did not show the causes of removing the objections. Not writing the reasons for removing the objection was against IHC’s practice and procedure, the order says.

For transparency, the reasons for removing the objections, especially with regard to the appropriateness of the application, were written. The office’s experienced court officers act as the first filter for declining applications, and the judge must write the reasons for removing the objections.

According to the order, no legal precedent has been presented so far to withdraw a pending case. It added that the Attorney General mentioned a provision in the Lahore High Court rules on the formation of benches, but it was irrelevant.

The judge said the attorneys should help the court and the public should also keep an eye on this case and add that this case was not about the leader of a political party or any judge, it was rather about the principle used in each case and the power to transfer the case using administrative powers.

The court has said that the Court Amici would be appointed on a future date to provide assistance. It said it became more important in a disdain for the trial because no one could be a better judge than the judge whose order was violated. The next hearing of the case will be held on April 11.