Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC). PHOTO: FILE
ISLAMABAD:
Islamabad High Court (IHC) Principal Puisne Judge Mohsin Akhtar Kayani has ordered that the rules of practice and procedure be uploaded on the official website of the IHC within 48 hours.
He also ordered that copies of the rules be provided to the Islamabad High Court Bar Association and district bar associations. The judge observed that if the order is not complied with, he will summon the IHC registrar.
Justice Kayani made the remarks during the hearing of a PTCL-related case. During the proceedings, in response to a question from the court regarding the rules of practice and procedure, a lawyer expressed ignorance and stated that he was seeking the rules through a formal request.
Justice Kayani noted that the IHC had made rules that even the judges themselves had not received. “I’m a judge and I didn’t receive them…so how could you?” he said. He added that although the full court approved the rules, they were never made public, describing the rules of practice and procedure as a “secret document.”
He ordered the lawyer to write to the registrar to obtain the rules, but noted that even after submitting an application it could take up to three months. “If a document is required here, it often takes months for the clerk to provide it,” he observed.
The lawyer said he had already made inquiries with the Justice Department and would submit a formal request. Addressing the petitioner’s lawyer, the court observed that if the order was not complied with, the lawyer could initiate criminal proceedings.
The court reiterated its directive that the rules should be uploaded on the website within 48 hours and warned that non-compliance with these rules would result in criminal prosecution, with summons from the registrar. When the lawyer requested that the matter be fixed for further hearing on January 29, Justice Kayani noted that he was not sure whether he would be present on that date. Subsequently, the court adjourned the hearing without fixing a date.
