ISLAMABAD: Chief Justice of Islamabad High Court (IHC) Justice Aamer Farooq has delegated his power to mark cases and fix benches to the senior judge in his absence.

On Nov 3, IHC senior puisne judge Justice Mohsin Akhtar Kayani while hearing a petition filed by PTI lawyer Sher Afzal Khan Marwat had stressed the need to regulate the powers of the chief justice to mark cases and constitute benches on urgent matters.

Justice Kayani had ordered the IHC registrar office to place the matter before the court’s administration committee “to be resolved by way of informed decision by the Administration Committee or by the Full Court under the High Court Rules and Orders”.

Justice Kayani referred to Chapter 10 (Miscellaneous) Part-A of Rules for the Disposal of Executive and Administration Business of the IHC. He noted that according to the rule the IHC administrative and executive work shall be controlled by a committee of judges to be known as the administration committee.

“[This will be the case] provided that those matters which are the exclusive concern of the CJ, namely, the constitution of benches and the appointment and control of the High Court Establishment shall be dealt with in accordance with such instructions as may from time to time be issued by the CJ.”

The judge stated that cases can only be marked by the administration judge on the basis of powers assigned by the CJ and no special powers have been extended to the administration judge for the constitution of any bench.

“Therefore, any case including instant petition to be fixed for same day or for that matter all other petitions, which were not entertained by the office including but not limited to pre-arrest bail, ad-interim protective bail, which could only be marked for next working day in absence of the CJ, but bench could not be constituted by the administration judge of this court.”

He stated that this aspect prime facie put the petitioner in a difficult situation, which relates to fundamental rights of an individual, who could not be given protection due to the absence of the CJ.

According to an office order dated Nov 17, the IHC chief justice deliberated upon the matter and “in order to address the inconvenience” ordered that “the Additional Registrar (Judicial) shall seek guidance from the Hon’ble Chief Justice regarding the constitution of benches in case of non-availability of Hon’ble Chief Justice and act accordingly. And in case the Hon’ble Chief Justice is on any kind of leave, the next available Senior Hon’ble Judge shall mark the cases.”

Former IHC chief justices Iqbal Hameedur Rehman and Anwar Khan Kasi had exercised all powers vested to the chief justice.

Former senior puisne judge of the IHC Justice Noorul Haq N. Qureshi told Dawn that the then chief justice Kasi was used to manage the administration of the IHC even when he was on leave and was residing in his native town in Balochistan. He said he never objected this since it would tarnish the image of the institution.

However, Justice Athar Minallah delegated his power to mark the cases to senior puisne judge. Justice Kayani was also exercising the same power in the absence the of incumbent IHC chief justice. He, however, desired to regulate the power of constitution of benches in cases of urgent in nature.

Published in Dawn, November 19th, 2023