ISLAMABAD: The Islamabad High Court (IHC) has entertained over 300 petitions on the same day of their filing since November last year, according to the statistics released by the high court.

During this period, the IHC granted protective bail in 220 petitions. At least 307 petitions were filed in the IHC by common litigants as well as prominent political leaders, including former prime ministers Imran Khan and Nawaz Sharif.

The same-day hearing is an “unusual relief” that the court’s administration can grant to a petitioner in a matter urgent in nature.

Record shows IHC granted protective bail in 220 cases during last year

The statistics dispelled the impression that the relief was being extended to one political party only. The IHC administration was criticised in the past when it entertained the petitions of PTI leadership for the same-day hearing.

Recently, two petitions seeking protective bail for PML-N supremo Nawaz Sharif ignited criticism of the court’s administration when these were fixed for the same-day hearing on October 18.

However, the record shows that the IHC entertained and fixed 10 petitions of Mr Khan on the same day when these were filed on different dates. As per the record, the PTI chairman secured protective bail in 40 cases.

The other PTI leaders who got similar relief included Asad Qaiser, Shibli Faraz, Asad Umar, Shehryar Afridi, Ali Amin Gandapur and Saifullah Niazi.

The former PTI leaders, including Fawad Chaudhry and Aamer Kayani, were also heard the same day when they approached the IHC.

Besides PTI’s ally Sheikh Rashid Ahmed and his nephew Sheikh Rashid Shafiq are also included among the beneficiaries.

As per the record, IHC Chief Justice Aamer Farooq heard almost all of these petitions. However, a few were heard by Justice Mohsin Akhtar Kayani, Justice Miangul Hassan Aurangzeb and Justice Tariq Mehmood Jahangiri.

According to Islamabad High Court Bar Association (IHCBA) President Malik Naveed, there is no set procedure for the same-day hearing.

“It is the discretion of the chief justice…if he is convinced that the matter is urgent, he can order an instant hearing and refer the matter to a bench.”

He said there was no precedent in which any high court had ever turned down such a petition, adding that, “protective bails are time-barred and petitioners are asked to approach the relevant court for appropriate remedy”.

Senior lawyer Raja Inam Ameen Minhas said that ideally every petition should be heard the day when it is filed.

He shared, “It takes about a day for fixation of pleas in the routine urgent matters, while the rest of the pleas are fixed per their preferences.”

He said the same-day hearing was “given in some matters if apprehensions of irreparable loss are feared” by the petitioners. Since the court provided instant relief to almost every political party, it showed that the discretion was being exercised by the IHC chief justice judiciously, he added.

Published in Dawn, November 12th, 2023