Islamabad:
The High Court Judge of Islamabad (IHC) Mohin Akhtar Kayani observed that the acting chief of the court, Sardar Muhammad Sarfraz Dogar, does not have the power to withdraw a case from a bench by an administrative order.
“It is not possible to transfer a case from a bench to a single member to a division bench. It is my position in principle that no case can be transferred in this way,” said judge Kayani on Thursday while hearing a case.
A new controversy has surfaced on the reconstruction of the bench at the IHC, with a larger bench led by judge Kayani, previously hearing cases related to the quota, replaced by a new panel.
The former bench, also including judge Babar Sattar and judge Sardar Ejaz Ishaq Khan, had led a hearing on the case on March 6 and were to take over the hearing on Thursday, April 10.
However, according to the IHC website, the case was registered for hearing before a bench of three members led by acting chief Sarfraz Dogar and includes judge Khadim Hussain Soomro and judge Inaam Amin Minhas.
The new bench was supposed to take the case on Thursday.
However, its audience was canceled due to the non-deputy of judges.
During the hearing of another case, judge Kayani expressed his reserve in moving. “Go and try to communicate this [to acting CJ]Asked the judge to a lawyer, smiling.
Previously, judge Sardar Ejaz Ishaq Khan also heard an outrage in the court against the Superintendent of Adiala prison for having rejected meetings
With the founding president of PTI, Imran Khan.
During the hearing, the Superintendent Ghafoor Anjum had asked that the cases linked to the meetings of Imran Khan and the accusations of outrage be grouped.
The acting CJ DOGAR subsequently constituted a larger bench of three members and eliminated the cases with instructions.
However, judge Ejaz Ishaq Khan initiated a procedure distinct from contempt for Suo Motu which remains in progress.
