Islamabad:
Another dispute has erupted in Islamabad High Court (IHC) as Justice Sardar Ejaz Ishaq has refused to accept the order of a two-judge bench to transfer civilian appeals in the High Court for judgment, to the district system and refuses to transfer the appeals in his dock.
The division bench, which consisted of Justice Azam Khan and Justice Inam Amin Minhas, had ordered the transfer of 1,594 civilian appeals to the district system under the law amending Civil Court 2025, which redefines appeal -jurisdiction in civil affairs.
Justice Ishaq called the bench’s judicial order illegal. “I come to the rather embarrassing conclusion that Division Bench’s decision in Civil Reference No. 1/2025 was Coram Non Judice, per incuriam, and an exercise of the administrative authority awarded as a court decision,” he said in an order.
Justice Ishaq said the order of the division bench violated Article 175 (2) of the Constitution. 2. He wondered why it did not happen to the judges on the bench or to the bar representatives that the parties may have to pay additional fees to the lawyers for hearings of appeals in district courts.
“If they had litigation that were really important to the office, for the division bench and to the bar representatives, they could easily have interpreted.
IHC JUDGE DEFESS BENCH ON APPEALS TRANSFER THE AMENDMENT PROSPECTIVELY “, SAID The Order Passed by Justice Ishaq. The Judge Further Said That When The Legislators Made Such An Express Command for Transfer – Coupled WITH CONFERRAL OF EXCLUSE JURISDICTION THEN MUST BE FOLLOWED,” BUN Simply Changes the Jurisdictional Forum Without Specifying Exclusive Jurisdiction to A Forum, then IT Follows Inexorably from the Presumption That The Legislature is Presumed to be aware of all the laws that the legislature intended to leave it to the courts to apply the law to the fate of the fate of the fate and overwhelmingly. precedent, ”says the order.
“In Say with a Heavy Heart that the Office, My Learned Brothers, As Well As The Bars Representatives, Having Not Cared A Bit About The PLight of the Litigants Before the High Court, The Utter Inconvenience They Will Suffer By A De Novo Hearing of Their Appeals by The District Courts, The Addition Financial Burden they will have to bear by paying fresh fees to the countrys for cases that have been, in most part, substantially argued before the High Court and, above all, they did not care at least about the much higher dependence on the judges of the district courts who also perform civilian and criminal lawsuits, Off-Load High Court’s burden to them, ”it continued.
“I feel sympathy for the judges of the district courts, who are likely to wonder, why could the eleven judges in High Court not belt their belts to decide 1,594 appeals instead of relieving them to an almost equal number of additional district judges who are much, much more burdened with work, then we are.”
The court also ordered the office to circulate the copy of this order to all the judges for their information, and if any of them agree with me, then for them to consider saying that in a written communication to Chief Justice “.
“Furthermore, the office will also send a copy of this order to Islamabad bar Council and to the two bar associations for circulation among the members of the pillars,” the Order says. The hearing of the case was postponed until last week in September.
