Justice Sattar questions acting IHC CJ`s power to reassign cases
By Malik Asad
2025-03-29
ISLAMABAD: Justice Babar Sattar of the Islamabad High Court (IHC) has questioned the chief justice`s authority to administratively reassign cases, emphasising that such decisions fall within the jurisdiction of judges and the deputy registrar.
Justice Sattar issued the remarks in an order addressing the reassignment of a writ petition No. 937/2025 (Muhammad Nadeem vs Federation of Pakistan) which challenges the acting chief justice`s intervention in retaining the case before a bench that had previously recused itself.
The case was initially trans-ferred to another bench on March 14, after the original bench deemed reassignment appropriate.
However, following remarks from the acting chief justice`s office, the file was returned to the same bench, prompting Justice sattar to rule the intervention as `not in accordance with the High Court Rules`.
In a detailed order, Justice Sattar cited Rule 4 of Part A, Chapter 3 of Volume V of the Lahore High Court Rules (adopted by the IHC), which mandates that once a case is assigned to a bench, only that bench or the deputy registrar guided by the approved roster can decide transfers or recusals.
The chief justice`s role, the order clarified, is limited to approving the roster of benches prepared by the deputy registrar, not intervening in individual case assignments.
`The Chief Justice has no authority to determine on the administrative side whether a court ought to hear a case,` Justice Sattar stated, calling the return of the case an `inadvertent mistake`.
He further stressed that reassignment requests must be routed through the deputy registrar (judicial) toensure compliance with institutional protocols.
Justice sattar directed that the file be sent to the deputy registrarforreassignment to an available bench.
`Once a judge determines recusal, the judicial order is not amenable to interference by the Chief Justice`s office; the matter must be marked to the Deputy Registrar,` he observed.