ISLAMABAD: A judge of the Islamabad High Court (IHC) reprimanded a senior lawyer in an open court who filed a reference against the senior puisne judge of the high court.

Justice Sardar Ejaz Ishaq Khan also recused himself from hearing the petition of senior lawyer Mohammad Waqas Malik who filed a reference against Senior Puisne Judge Justice Mohsin Akhtar Kayani.

Mr Malik, a former secretary of Islamabad High Court Bar Association (IHCBA), appeared before Justice Khan in a case related to housing societies.

His client, Uzma Shahid, was aggrieved of a restraining order issued by the court some two years ago that barred the Federal Investigation Agency (FIA) from probing the illegalities in the affairs of societies.

When he appeared before the court, Judge Khan inquired from him about the filing of a reference against the senior puisne judge.

In the reference, Mr Malik alleged that Justice Kayani “waged a war against the forces of Pakistan in a planned manner by inducing and convincing other judges of the high court.”

It said the letter to the Supreme Judicial Council by the judges of the IHC was not written “in good faith as he is facing references questioning his integrity and conduct as a judge”.

It may be mentioned that six IHC judges, including Justice Khan who was hearing the petition, had signed the said letter, however, the lawyer was seeking the proceeding under Article 209 of the Constitution against Justice Kayani only.

During the hearing on the petition, Justice Khan remarked that the lawyer had also pointed fingers at the judges other than the senior puisne judge, therefore, he could not hear the petition because the proceeding might be prejudiced.

The judge also recused himself from hearing the petition and referred it to the IHC chief justice for entrusting it before any other bench.

Published in Dawn, April 27th, 2024

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