Islamabad:
Justice Sardar Ijaz Ishaq Khan from Islamabad High Court (IHC) noted the cancellation of his court’s case list and the transfer of a case to a larger bench on Wednesday.
He began disdain for litigation and sought answers from IHC’s Deputy Rate Travel and the Advocate General.
The case occurred after all cases related to the prison meetings in Pakistan Tehreek-E-Insaf (PTI) founder Imran Khan were scheduled for consultation before a three-members bench led by functioning Chief Justice Sardar Sarfaraz Dogar, Thursday (today).
Justice Khan began the case after a disdain for the trial – dissolved by Ptis Mashal Yousafzai against the Adiala Prison Superintendent was delisted.
In response to the court’s warning, Deputy Denizer Sultan Mahmood appeared to the judge and declared the instructions had come from Chief Justice’s Office.
The court questioned whether Chief Justice had authority to transfer a case pending to a judge without their consent. Justice Khan noted that court rules did not mention such powers and raised concerns about the consequences of such acts.
He noted that if there was hypothetically “a very corrupt Supreme Court in the future”, such authority could open the doors to corruption and nepotism. He also said that this act was “tantial to mislead the court.”
The judge expressed frustration and noted that if the state insisted on enforcing his will, then his presence in court would serve no purpose. He also questioned whether a judge was dependent on the justice secretary’s office to decide what cases to hear.
Deputy Justice Secretary Mahmood replied that the case had been referred to Chief Justice’s Office for instructions. Justice Khan maintained that the actions of the larger bench constituted contempt for the procedure of his court.
PTI -Attorney Shoaib Shaheen pointed out that the state and prison superintendent were not even parties in the case. Yousafzai added that if such actions took place in the open court, it raised concerns about the treatment of PTI founder Imran Khan and his wife, Bushra Bibi, in prison.
Justice Khan replied, “We are concerned about our own institution,” adding that “the guided missile” originally aimed at them, now came to the judiciary. The court then postponed the hearing until Thursday (today).
Meanwhile, a three-member bench, led by functioning Chief Justice Sardar Sarfaraz Dogar and including Justice Arbab Muhammad Tahir and Justice Azam Khan, are ready to hear all cases related to PTI founders’ prison meetings today.
The contempt of the trial regarding Yousafzais refused meeting with Imran Khan is also among the planned hearings. The case was originally set for hearing for Justice Khan on Wednesday, but was removed from the causal list.