ISLAMABAD: Two judges of the Islamabad High Court (IHC) have ruled that the acting chief justice exceeded his authority by transferring cases from one bench to another, calling for the ambiguity in judicial rules to be addressed through a full court meeting.
Senior puisne judge Justice Mohsin Akhtar Kayani and Justice Sardar Ejaz Ishaq Khan issued an 11-page order on the transfer of blasphemy-related cases from a single bench to a division bench.
In the order, they emphasised that case assignments must adhere strictly to procedural rules, underscoring the autonomy of judicial benches and the role of the deputy registrar in case allocations.
The case involved the transfer of several matters, including blasphemy-related cases under Sections 295-B and 295-C of the Pakistan Penal Code, from a single bench to Division Bench-II. The judges found no legal justification for the move, noting that the cases were neither interconnected nor part of a single transaction warranting joint adjudication.
The bench scrutinised the Lahore High Court Rules and Orders (Volume V), highlighting that the chief justice’s powers are limited to approving rosters, while the deputy registrar holds exclusive authority to assign cases based on predefined criteria (for example, common cause of action, subject matter, etc).
Citing judgements like PLD 2001 SC 568 (Asif Ali Zardari vs. The State), the court reiterated that judges retain discretion over cases unless recusal or bias is established.
Justices Kayani, Ejaz seek full court to address ambiguities in judicial rules
The order criticised the acting chief justice’s office for failing to provide a valid list of pending blasphemy cases or legal grounds for the transfer. It noted that Single Bench-V had already conducted 16 hearings on Noor Fatima’s case, making its abrupt transfer unjustifiable.
The court directed the deputy registrar (judicial) to ensure that transfers occur only if cases share a common cause, involve overlapping legal questions, or if a judge recuses themselves.
Transfers from specialised benches — such as banking, green benches — require explicit judicial approval, the order stated. The bench ruled that all transferred cases be returned to the deputy registrar for reassignment in line with the court’s guidelines. The bench stressed urgency in relisting the matters to avoid delays.
Published in Dawn, April 12th, 2025
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