Islamabad:
Judge Babar Sattar of judge Babar Sattar, judge Babar Sattar, judge Babar Sattar raised objections to the rules of the High Court of Islamabad, newly notified (appointment and conditions of service), 2025, affirming that they lack legal authority because they have not been approved by a full court.
In a letter addressed to the Ten IHC judges, judge Sattar declared that he was not aware of any complete justice meeting convened to examine the promulgation of rules or the repeal of rules.
“The rules are therefore devoid of legal authority and have been issued in violation of the requirements of article 208 as well as those of the rules and orders of the High Court of Lahore, as adopted by the High Court of Islamabad,” he said.
The letter, as well as a copy of the new rules, were submitted to the Supreme Court during the hearings on a request filed by five judges of the CIH to challenge the transfer of three judges of the other high lessons to the IHC.
Judge Sattar urged his colleagues judges to undertake corrective measures without delay, highlighting the potential consequences for the IHC personnel.
He noted that if the rules are disputed or if they emerge otherwise, the High Court has itself claimed to adopt rules in violation of the requirements of article 208 of the Constitution and the rules and orders of the High Court of Lahore, “this will cause great embarrassment to this high court”.
He added that this would also prejudge “the rights and rights of the employees of this court”.
He noted having received the SRO 585 (1) / 2025 dated March 25, 2025, which was published in the Gazette of Pakistan on April 10, 2025, by notifying the rules of the High Court of Islamabad (appointment and conditions of service), 2025.
“The preamble stipulates that the rules have been promulgated in the exercise of the authority under article 208 of the Constitution, which indicates that the Supreme Court, the Federal Court of Sharia and the High Court of Islamabad, with the approval of the President and a High Court, with the approval of the Court, can establish rules for the appointment by the court of officers and civil servants and conditions of work.”
Judge Sattar argued that the Constitutional Authority under article 208 is based on the entire High Court.
“The authority under article 208 of the Constitution is invested by the High Court which is defined in article 192 of the Constitution as being a chief judge and the judges of the High Court. The power created by article 208 cannot be delegate or exercised in a collegial manner.”
He also underlined the legal limitations concerning the delegation of these powers, noting that it was an established proposal according to which the discretionary authority can only be underdeveloped if the law which creates such an authority provides for its additional delegation.
Judge Sattar added that no delegation of this type exists under existing provisions.
“In any event, the power under article 208 of the Constitution was not delegated, as is obvious from the provisions of rule 5 (2) of Chapter 10, part A of volume V of the rules and orders of the High Court of Lahore, adopted by the High Court of Islamabad.”
He also cited case law on the issue.
“The way in which the High Court can exercise authority in terms of article 208 of the Constitution was also explained in Muhammad Shabbir against Registrar, Islamabad High Court and another (appeal to judicial service n ° 03 of 2026)”, he added.
Meanwhile, another IHC judge, judge Saman Riffat, also submitted his own letter to SC.
In his letter of May 5 at the IHC registrar, Judge Riffat refers to the previous notification concerning the rules of practice and procedure of the High Court of Islamabad, 2025, published via the notification of Gazette n ° SRO169 (1) / 2025 of February 18, 2025.
“As the letter of 25-4-2025 informed it that the rules of practice and procedure of the High Court of Islamabad, 2025 were published under the notification of Gazette n ° 169 (1) / 2025 of 18.02.2025.”
It referred to the previous correspondence contradicting the registrar’s complaint.
“Please recall this empty letter of 11-3-2025 You have been informed that unlike your assertion The rules and orders of the High Court of Lahore. Lahore was in fact adopted by the honorable chief judges and the honorable judges of this court. The High Court of Lahore, Lahore by the administration committees of this court, according to you, as well as the date on which the alleged rule of practice and D’Islamabad, 2025, has been supervised and the names of the members of the administrative committee who have done the same way.
She also noted the lack of response.
“Neither this information nor the copy of the rules has been provided despite 10 days since your last letter confirming their publication,” she added.
Judge Riffat reiterates her request.
“Once again, you are invited to provide information and documentation as well as the alleged rules of practice and procedure of the High Court of Islamabad, 2025,” she added.
