Case transfer generates controversy in the Islamabad High Court.

ISLAMABAD (A News) A new debate erupted in the Islamabad High Court (IHC) over the case transfer issue, pitting Acting Chief Justice Sarfraz Dogar against fellow justices.

The acting chief justice issued an administrative order stating that Justice Babar Sattar had recused himself from hearing a particular case. However, the acting chief justice instructed the same bench, led by Justice Sattar, to continue with the hearing.

Justice Sattar, who questioned the acting chief justice’s authority, issued a court order directing the deputy registrar to assign the matter to a new bench.

In his written ruling, Justice Sattar stated that on March 14, the court referred the case to another bench. However, probably owing to an error, the case file was returned to his court, along with administrative notes from the chief justice’s office indicating that the same bench would hear the case.

Justice Sattar stated that the return of the case file was most likely an error on the side of the chief justice’s office or the registrar’s staff. He said that the chief justice did not have the ability to decide whether a specific court should hear a matter. Court regulations allow a judge to withdraw himself from a case once it has been assigned to a bench.

According to the regulations, the deputy registrar is in charge of scheduling urgent and regular cases, while the chief justice is only responsible for approving the deputy registrar’s bench roster.

judge Sattar’s court explained that once a case is allocated based on the authorized roster, the chief judge has no say in scheduling it. If a bench decides to recuse itself from a case or requests the establishment of a bigger bench, the subject is sent to the chief justice.