Islamabad:
Islamabad High Court (IHC) Justice Sardar Ijaz Ishaq Khan on Thursday imposed the Deputy Justice Secretary to submit the High Court rules to clarify whether Chief Justice could withdraw a case from the right to a judge while waiting and sent it to another bench.
During the contempt negotiations against the Deputy Generator, the judge said he would go down in his decision that there was no scope in the law to transfer a case in the way the contempt of the court’s plea of Pakistan Tehreek-In-Insaf (PTI) leader Mashal Yousafzai was delisted from the court’s case list.
The case started Wednesday, after all the cases related to the prison meetings in the PTI founder were scheduled for consultation before a three-member bench led by acting Chief Justice Sardar Sarfaraz Dogar on Thursday. The cases included Yousafzai’s petition to be heard by Justice Khan.
The judge noted the cancellation of the causal list of his court. On the court’s message, Deputy Registrator Sultan Mahmood appeared in court and told the judge that the instructions had come from Chief Justice’s Office.
Continued the hearing on Thursday noted the judge that he would not issue contempt for any message to anyone. However, he emphasized that the case was not about the leader of a political party, but about setting principles.
By acting on litigation, Islamabad -Attorney (AG) Ayaz Shakat said the court was talking about the mind on Wednesday and now he was going to be heard. He added that the controversy arose to determine whether Yousafzai was a lawyer for the PTI founder or not.
AG referred to a statement from the focal person of the PTI founder who had stated that Yousafzai was no longer the lawyer of the PTI founder. Because of this controversy, AG said, all cases related to the PTI base were combined and placed before a larger bench.
However, Justice Khan noted that the court had appointed a commission in that case. He told AG if a meeting of the Commission with the PTI founder was arranged that the case would have completed in just 30 seconds.
However, Justice Khan added that this case was not in court at the moment, rather the court investigated the question of whether a pending case could be transferred in this way. He said that when a lawyer tells the court that he was a lawyer, the court did not seek confirmation from any petition.
The judge noted that the question of combining cases and forming a larger bench was related to the judge who had heard the case. Accordingly, he added, the judge referred the case to Chief Justice, and that Chief Justice issued an order.
The court then approached AG: “Will you give the arguments for the larger bench on the contempt of the legal application?” He added that the contempt of the legal application would be heard by the same judge whose order had been violated. The consultation was postponed until after Eid.