IHC chief justice ‘lacks’ financial powers vested in LHC

Published
0

ISLAMABAD: While the Lahore High Court has defended the exclusive authority of its chief justice to grant pecuniary benefits to court officials, the rules governing the service conditions of Islamabad High Court staff have curtailed this power.

The LHC’s stance came in response to a petition filed in the Supreme Court against the grant of advance increments by former chief justice Mohammad Ameer Bhatti. The high court defended the discretionary powers of the chief justice in this regard.

However, the High Court Establishment (Appointment and Conditions of Service) Rules, 2025, framed by former IHC chief justice Aamer Farooq-led administration committee, days before his elevation to the Supreme Court, had restricted such powers and made them subject to the approval of the committee.

These rules also substantially reduced the authority of the senior puisne judge.

Sub-rule 3 of Rule 13 of the IHC Establishment (Appointment and Conditions of Service), dealing with terms and conditions of IHC staff, states: “The chief justice in his discretion may, on recommendations of the administrative committee, grant any allowance including performance allowance or advance increments to any or all the staff.”

Previously, the chief justice alone was empowered to grant such allowances. The amendment was introduced after the Supreme Court admitted a petition challenging the advance increments awarded to LHC officials by its former chief justice shortly before his retirement.

Advocate Mian Daud, who filed the petition, described the grant of increments as a “colorful exercise of discretion”. A five-judge SC constitutional bench admitted the plea, observing that “the issue involved in this matter relates to the public exchequer,” and also issued notice to the LHC.

In its reply, the LHC argued before the Supreme Court that the chief justice is entitled to grant increments or any other allowance to officials. Advocate Daud, however, submitted a list of officials who had received advance increments, some of them were now serving in the IHC.

The petitioner questioned the discretionary authority of the chief justice to grant financial benefits to court and judicial officers, arguing that such powers, when exercised without a transparent mechanism, violate the principles of equality and accountability enshrined in the Constitution.

Published in Dawn, August 28th, 2025

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...