Matter of ‘extreme urgency’ can be brought before court anytime

Published
105

ISLAMABAD: The Islamabad High Court (IHC) has clarified opening its doors late on Saturday, when the fate of a no-trust resolution against former prime minister Imran Khan hung in the balance and rumours were rife that Mr Khan might de-notify the army chief in his attempt “to play till the last ball”.

Meanwhile, a petition was also filed in the IHC on Saturday night, asking the court to restrain Mr Khan from de-notifying Gen Qamar Javed Bajwa as chief of the army staff.

Another petition by the Supreme Court Bar Association (SCBA) requested the court to avert a constitutional crisis and implement the Supreme Court’s April 7 order.

“The filing of petitions late in the evening on April 9, 2022, has been misreported and queries have been raised whether petitions can be presented after the notified court timings,” the IHC said in a statement issued on Monday.

IHC clarifies why its doors opened late at night on April 9

In its statement, the IHC referred to two circulars issued on Nov 11, 2019 and Feb 10, 2021 that prescribed “the manner of presentation of petitions after court timing”.

Through these circulars, the IHC notified that in case of an imminent threat to the life or liberty of a citizen or any other important matter, the registrar office can receive the petition and transmit it to the chief justice even after court timing.

“As a constitutional court, the Islamabad High Court has ensured that cases relating to extreme urgency are presented at any time after the notified timings,” the high court said, adding: “The honourable chief justice, if satisfied that there exists extreme urgency, may order fixing of the case at any time.”

Explaining the April 9 events, the IHC said the SCBA president approached the court and inquired about filing a petition under Article 187 of the Constitution.

The IHC statement then referred to the petitions, including a “pre-emptive” constitutional petition that sought to restrain the then premier from de-notifying the army chief.

“In the meanwhile, certain other petitions were presented and they were transmitted to the residence of the honourable chief justice, who was satisfied that neither the petitions warranted initiation of proceedings nor required passing of a judicial order,” it said.

It is, therefore, clarified that in the light of the above-mentioned circulars, a petition regarding extreme urgency could be presented at any time after the notified court timings and it could also be fixed for hearing subject to the satisfaction of the chief justice that circumstances exist for doing so, the court said.

Published in Dawn, April 12th, 2022

Opinion

Editorial

Restructuring plans
Updated 29 Oct, 2026

Restructuring plans

The primary reason for governance failure in Pakistan is not the geographical size of the existing provinces but the reluctance of provincial capitals to empower local bodies.
Polluted priorities
29 Oct, 2026

Polluted priorities

LAHORE is choking again, and the government’s answer is to send more machines onto its streets. On Wednesday, its...
Continuing genocide
29 Oct, 2026

Continuing genocide

FOR the people of Gaza, despite the ‘ceasefire’ reached last October, the genocide never really ceased. This ...
Regional security
Updated 28 Oct, 2026

Regional security

Iran and the Makkah pact states should pledge not to let external actors use their soil to launch aggression against each other.
Rate hike
28 Oct, 2026

Rate hike

THE SBP’s decision to raise its policy rate by 50 basis points to 12pc was largely expected. It is also justified...
Press solidarity
28 Oct, 2026

Press solidarity

PAKISTAN’S journalists have seldom lacked organisations speaking in defence of press freedom. What has been ...