Islamabad:
A new legal and administrative front has emerged at the High Court of Islamabad (CIH) on the issue of calls against the decisions of the civil court redirected to the district courts, while judge Sardar Ejaz Ishaq Khan has raised serious questions on the process and considered as the whole “questionable” movement.
The case surfaced during the affairs hearing previously assigned to two additional judges, which were recently referred before the district courts following an administrative decision.
During the procedure, the additional registrar Ejaz Ahmed appeared before the court and said that the decision to reassign such calls from a complete court meeting in 2023, where the question was discussed.
According to the additional registrar, he simply submitted a note to the chief judge, who subsequently constituted a division bench which ordered the reallocation of affairs to the district courts.
However, judge Ejaz Ishaq observed that the full meeting of the court in question was an advisory nature and led to any final binding decision. He noted that such a reallocation of the in instance appeals could only have been authorized by the whole court, and not by a division bench.
The judge also stressed that no contribution or opinion had been requested by the judges who already heard the calls, despite the fact that the hearings of some of these cases were complete by almost 80%.
Referring to the practical consequences of the decision, he pointed out that the return of cases to the district courts would not only lose legal time but would also lead to undue difficulties to the litigants.
