Delisting of case exposes tensions among IHC judges

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This photo combo shows (L to R) IHC’s Justice Muhammad Asif, Justice Babar Sattar and acting Chief Justice Sardar Moha­mmad Sarfraz Dogar. — IHC website
This photo combo shows (L to R) IHC’s Justice Muhammad Asif, Justice Babar Sattar and acting Chief Justice Sardar Moha­mmad Sarfraz Dogar. — IHC website

• Justice Sattar summons registrar, questions acting CJ’s move to merge cases
• Justice Dogar-led bench sets aside contempt notices, asks how judge can pass order in case he’s not hearing

ISLAMABAD: Ten­sions within the Islam­abad High Court (IHC) escalated sharply on Monday, as two separate but interlinked proceedings exposed a deepening ‘institutional rift’ over judicial authority, procedural conduct and internal accountability.

Earlier in the day, Justice Babar Sattar issued a strongly worded order criticising the registrar office for not listing a case related to the removal of the former director general of Malir Development Authority from the no-fly list.

The judge issued the contempt notices to the heads of the National Accountability Bureau (NAB) and the Immi­gration and Passport.

A division bench comprising acting Chief Justice Sardar Moha­mmad Sarfraz Dogar and Justice Mohammad Asif has already suspended the contempt notices after the penalised government officials filed an intra-court appeal.

The bench also merged the case with another identical matter. Subsequently, the case was not fixed before Justice Sattar on April 28 as was scheduled.

Justice Sattar lambasted the deputy registrar (judicial) for what he described as “prima facie defiance” of court orders.

He noted irregularities in the handling of the intra-court appeal, warning the hearing by the division bench might not have been properly assisted regarding the jurisdiction.

Justice Sattar has summoned court officials to explain why the case was not listed before him and also the removal of his prior orders from the high court’s public database.

The next hearing has been fixed for May 7.

Notices suspended

On the same day, the IHC division bench, comprising Justice Dogar and Justice Asif took a different view of the matter.

Hearing the same appeal, the bench suspended the contempt of court notices issued by Justice Sattar.

It also set aside Justice Sattar’s eight-page order, with acting Chief Justice Dogar questioning the legit­imacy of the proceedings.

“How can he pass an order when he does not have the case?” he asked sharply, suggesting the controversy could spark widespread public attention.

Later, the bench adjourned the hearing on the intra-court appeal.

The developments have once again highlighted deep fissures within the IHC, as Justice Sattar and acting CJ Dogar are also involved in a legal battle over the seniority of judges in IHC.

Justice Dogar was one of the three judges transferred from other provincial high courts to the IHC in February.

Published in Dawn, April 29th, 2025

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