ISLAMABAD: Justice Sardar Ejaz Ishaq Khan of the Islamabad High Court (IHC) questioned the transfer of some 1,600 Regular First Appeals (RFAs) categories cases to the district judiciary.

The judge summoned the Additional Registrar to the courtroom and sought an explanation.

Last month, a division bench of the IHC had ordered the transfer of 1,594 civil appeals from its own docket to the district judiciary following the recent enactment of the Civil Courts Amendment Act 2025, which redefines the appellate jurisdiction in civil matters.

A division bench comprising Justice Azam Khan and Justice Inam Amin Minhas passed the judgement, holding that appeals against decisions rendered by civil judges shall now be filed before district judges instead of being routed to the High Court. The order further states that this shift in jurisdiction applies not only to fresh appeals but also to those already pending before the IHC.

The two-judge bench observed that the Civil Courts Amendment Act 2025 reassigns appellate jurisdiction from the High Court to the district judiciary in civil matters decided by civil judges.

Citing settled legal principles, the bench held that procedural laws are generally applicable retrospectively unless they affect fundamental or vested rights. “A law that affects a right is prospective, but procedural laws apply retroactively,” the judgement noted.

Justice Sardar Ejaz on the other hand was against the retrospective application of the law.

He even questioned the stance taken by the representative of lawyers bodies observing that they furnished their opinion in this particular issue without any deliberation of their respective executive committees.

The Additional Registrar Ejaz Ahmed placed the record before the bench that explained that the act amends Section 18 of the West Pakistan Civil Courts Ordinance, 1962, stripping the High Court of appellate jurisdiction over civil judge decrees. Appeals will now lie directly with District Judges.

Published in Dawn, July 5th, 2025