ISLAMABAD: The Islamabad High Court (IHC) has observed that special courts are working under the administrative control of the executive — the law ministry — and asked the federal government to take steps for bringing these courts under the supervisory control of the high court.

IHC Chief Justice Athar Minallah while hearing identical petitions related to enforced disappearances and the real estate business of government departments noted that “the Federal Judicial Complex is controlled and supervised by the executive branch of the state i.e. the ministry of law”.

The staff are not supervised or controlled by the high court and this prejudices the right of access to justice, the court noted, adding that the administrative arrangement is in violation of the principle of separation of powers enunciated by the Supreme Court.

The court asked Mirza Shahzad Akbar, special assistant to the prime minister on accountability and interior, to place the matter before the prime minister because the administrative inefficiency and lack of control by the special courts has a profound impact.

Citing a recent judgement of the Supreme Court, IHC Chief Justice Minallah said that the apex court had recently directed that the trial of cases pending before the accountability courts could be conducted on a day-to-day basis, adding that the accountability courts had prepared the plan for swift disposal of pending cases. However, it had been reported that the administrative challenges, particularly on account of lack of supervisory administrative control over the court staff, was a major impediment in ensuring that trials were concluded expeditiously.

The court sought a report regarding the status of the Federal Judicial Complex which houses the special courts and transferring the administrative control relating to the court staff to the high court in the light of the law laid down by the Supreme Court.

IHC seeks report regarding the status of Federal Judicial Complex which houses special courts

The IHC registrar was directed to seek a joint report from the respective registrars of the accountability courts and other special courts established in the said complex.

The registrar was also asked to highlight factors which were hampering the implementation of the directive of the Supreme Court regarding transfer of the administrative control of the special courts to the respective high courts.

Further hearing in this matter has been adjourned till Jan 13.

It may be mentioned that the Senate Special Committee on Law Reforms last year observed that the accountability courts as well as other special courts were working without any ‘checks and balances’ and that they were neither under the supervision of high courts nor under the administrative control of the law ministry.

The committee has examined merger of special courts with the sessions courts, observing that the accountability courts and special courts of the Federal Investigation Agency (FIA) were working without any supervision or checks and balances.

The special courts include the accountability courts, anti-terrorism courts, control of narcotics substances court, special judge (FIA) central court, prevention of electronic crimes act court, environment protection court, intellectual property tribunal, Customs, excise and sales tax tribunal and others.

These courts were established under the special statute and are working under the administrative control of the federal government. The federal government appoints judges and staff of these courts.

Published in Dawn, January 3rd, 2021