Friday, the High Court of Islamabad (IHC) prevented the Deputy Registrar (Judicial) from transferring the affairs of a single bench to a division bench without a clear legal basis.
In a 12 -page verdict, the Akhtar Kayani and Sardar Ejaz Ishaq Mohtar judges also ordered the registrar to follow the directives of existing courts and stop reaffirming cases – still set before a division bench on the instructions of the acting chief judge – to other benches.
The court declared that until the full court no longer offers an opinion on the issue, the deputy registrar must operate strictly under current judicial directives and respect the rules and orders of the High Court.
The judgment said that if the assistant registrar has the power to repair and mark the business on the benches, the role does not extend to reallocate them or withdraw from one bench to another without legal justification.
“Only the cases involving a legal interpretation or those of a similar nature which ensure the justification can justify such a reassignment,” said the decision.
The court also noted that the authority to approve the judicial list lies only to the chief judge, according to the rules and orders of the High Court.
In its decision, the court cited a previous case, where it had already been established that the President judge decides whether to hear a case, in the absence of a challenge or a bias.
The decision added that the registrar’s office did not help the acting judge properly in this case on the administrative side.
