IHC judge initiates contempt proceedings for cancelling cause list
Pakistan
Justice Khan remarked, "Instead of doing this, you would have blown up my court with explosives"
ISLAMABAD (Dunya News) – Justice Ijaz Ishaq Khan of the Islamabad High Court was furious on Wednesday on the cancellation of the cause list and observed that it would have been better if they blew up my court with explosives.
Justice Khan gave this remark when the cause list of contempt of court case against the Superintendent of Adiala Jail was cancelled. Mashal Yousafzai had moved the contempt plea against the jailer for defying court to allow a meeting with the founder of PTI (Pakistan Tehreek-e-Insaf).
Following cancellation of the cause list, deputy registrar (judicial) of the Islamabad High Court, Sultan Mehmood, appeared in court when summoned.
Justice Khan asked the state counsel on whose instructions was the cause list canceled? The deputy registrar said that there were instructions from the Chief Justice’s Office. The order stated that a larger bench had been formed, so the cause list for this case should be cancelled, he added.
The justice asked him under what law was the miscellaneous application for case transfer filed? Does the state support the transfer of a case to a larger bench without the presiding judge's consent?
Justice Khan remarked, "Instead of doing this, you would have blown up my court with explosives. We can’t even settle basic questions, and every ten years we find ourselves back at square one, questioning fundamental principles."
He remarked that it was not a matter of his personal concerns or his powers; it's about the dignity of the high court. Will the public still have faith in the justice system like this?
He said no economy could grow without the rule of law.
Petitioner Mashal Yousafzai submitted that “if this is happening to us outside, what must they be doing to Imran Khan and Bushra Bibi in jail?” The justice responded that he was worried about his institution.
“The guided missile that was headed towards you is now heading towards us," remarked Justice Khan.
Later, the justice ordered the deputy registrar to submit a written response and also sought a reply from the advocate general of Islamabad, asking him whether the chief justice has the authority to transfer a case to another judge without the consent of the presiding judge.
The justice questioned him whether a chief justice would have the authority to transfer a case like this in future? If a party has three cases and it petitions the chief justice, can the case be transferred? Are you opening the doors for corruption and nepotism?
Justice Khan remarked that this is tantamount to misleading a court. The Islamabad High Court rules do not state that the chief justice can transfer a case without the judge’s consent. “By turning this into a matter of ego, you will tear apart the fabric of the high court."
He remarked that if the state has decided, “there is no point in me sitting here. If the big boss wishes to take a case, can he just ask that I should take over the case? Is the judge dependent on the Registrar Office? Will the office decide whether the judge should hear the case or not? Will the cause list decide how justice will be delivered by the court?”
The deputy registrar stated that he had sent the matter to the Chief Justice’s office for instructions. It was directed that the case be transferred to a larger bench.
Justice Khan remarked that the larger bench, in carrying out this action, is committing contempt of this court. He observed that he was initiating contempt of court proceedings for cancelling the cause list and transferring the case.
Later, the hearing was adjourned until tomorrow.
