ISLAMABAD: Justice Sardar Ejaz Ishaq Khan of the Islamabad High Court (IHC) has questioned the competence of the two-member division bench that transferred some 1,600 Regular First Appeals (RFAs) categories cases to the district judiciary.

Justice Ejaz Ishaq was hearing the matter related to the transfer of 1,594 civil appeals from the IHC docket to the district judiciary following recent enactment of the Civil Courts Amendment Act 2025, which redefined the appellate jurisdiction in civil matters.

A division bench comprising Justice Azam Khan and Justice Rana Inaam Ameen 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 reassigned 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 were 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 Ejaz Ishaq, on the other hand, was against the retrospective application of the law.

During the course of the hearing on Tuesday, the judge raised a question mark on the competency of both the judges and remarked that the court officials would render proper assistance to them as well as to the competent authority that ordered transfer of the appeals.

The judge 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.

Additional Registrar Ejaz Ahmed cited a Supreme Court judgement to substantiate the effectiveness of the division bench. The judge, on the other hand, remarked that being the court official, he could not make citations.

The judge questioned the representative of the Islamabad Bar Council for conceding on the transfer issue without deliberating upon the critical issue in the executive committee.

Since the president of the Islamabad High Court Bar Association was not available, further hearing in this matter has been adjourned till Wednesday (today).

Published in Dawn, July 9th, 2025