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ISLAMABAD: The case listing controversy in the Islamabad High Court escalated on Wednesday, as two judges accused Justice Babar Sattar of conducting unauthorised proceedings in a stay matter.
On the other hand, Justice Sattar reprimanded senior court officials for failing to list the case before him and announced that he would continue the hearing on Thursday (today).
An IHC division bench comprising Justice Khadim Hussain Soomro and Justice Mohammad Azam Khan issued a stricture against a single bench headed by Justice Sattar for proceeding with a case despite a stay order issued by the appellate forum.
The bench suspended a subsequent order issued by Justice Sattar, declaring it coram non judice (void for lack of jurisdiction), and underscored the importance of maintaining judicial discipline.
Two fellow judges accuse Justice Babar of conducting ‘unauthorised proceedings’
The controversy stems from a petition filed by Muhammad Suhail against the federation, challenging certain actions by the passport authorities.
On March 12, a single bench led by Justice Sattar issued directives to the directorate general of Immigration and Passports. In response, the department filed an intra-court appeal. On March 26, a division bench suspended the March 12 order, pending final adjudication.
Despite the stay, Justice Sattar-led bench proceeded with hearings and, on April 28, issued further directions for compliance while criticising court officials over administrative lapses.
This prompted sharp rebuke from the division bench comprising Justice Soomro and Justice Azam Khan, which on May 5 ruled that continuing proceed-ings after the issuance of a stay “undermines the authority of the appellate court” and contravenes settled legal principles.
The division bench held that Justice Sattar “ought to have stayed his hand and awaited the outcome of the present intra-court appeal”. Consequently, it suspended Justice Sattar’s April 28 order and halted all further proceedings in the writ petition until final disposal of the ICA. The bench ruled that any further actions taken by the single bench in the matter would also be void.
In addition, the division bench directed the court’s registrar to ensure strict compliance with the stay order and safeguard the integrity of the appellate process.
In parallel, Justice Sattar initiated contempt proceedings against Deputy Registrar (Judicial) Sultan Mehmood for failing to list the aforementioned case before his bench as per judicial directions.
During the proceedings that the division bench later ruled as “stayed”, Justice Sattar questioned why the writ petition was omitted from the cause lists on April 28 and May 7, despite specific orders.
The deputy registrar attributed the lapse to the court’s management information system, which allegedly excluded the case from automated listings. He was served a show-cause notice under the Contempt of Court Ordinance 2001, and directed to submit a response within a week.
Assistant Registrar (IT) Umer Rashid Dar was ordered to appear on May 8 to explain how the MIS functions and why judicial orders were not reflected in the cause list.
Published in Dawn, May 8th, 2025
