The Islamabad High Court (IHC)’s Justice Babar Sattar on Monday sought answer that why action should not be taken against the Deputy Registrar Judicial for not scheduling the case for hearing despite the court’s instructions.
Justice Babar Sattar summoned the Deputy Registrar Judicial and Deputy Registrar IT in person on the next hearing.
Justice Sattar conducted the hearing despite the order being suspended, and an 8-page written order was issued.
It said that if the order to schedule the case of March 26, was not challenged in the division bench then how could it be suspended? The orders of March 12, and 26 were interim and the final decision on the case is yet to come.
The court said that the Supreme Court has clarified in several decisions that the Chief Justice has no authority to intervene on the administrative side in the case under hearing.
Justice Babar Sattar asked the Deputy Registrar IT to tell on whose instructions they removed the judicial orders from the website?
The written order said that when the Deputy Registrar Judicial was summoned, he submitted a note that the order was suspended by the division bench. The Deputy Registrar Judicial violated the court order prima facie by not including the case in the cause list.
The Deputy Registrar Judicial justified that the case could not be fixed as per the instructions of the division bench.
Justice Babar Sattar said in his order that apparently the division bench was not properly assisted and that was an interim order.
Justice Babar Sattar referred to Section 3 of the Law Reforms Ordinance 1972 in his order. The court said that under the Law Reforms Ordinance, an intra-court appeal can be filed only against the final decision of a single bench. It is unthinkable to obstruct the proceedings of a constitutional court by calling for records or through any direction.
Justice Babar Sattar said that the case is fixed for the next hearing on May 7. The Registrar Office should add the case to the cause list. Even if the case is not included in the cause list, the hearing will be held on May 7.
Justice Babar Sattar further said in his order that a copy of the order should be sent to all the parties so that they ensure their attendance at the next hearing. The order should be made part of the record so that the division bench also comes to its knowledge.
Justice Babar Sattar said that if the division bench does not order the record to be sent to this court, then the registrar office should create a new record in the file. Justice Babar Sattar had issued a show cause notice to the DG Immigration and Passport and the Director NAB for contempt of court.
It may be mentioned here that the division bench headed by Acting Chief Justice Sarfaraz Dogar had suspended Justice Babar Sattar’s order.
