Islamabad High Court (IHC) Judge Justice Sardar Ejaz Ishaq Khan has publicly criticised the transfer of a contempt of court case from his bench to a larger bench without his consent, highlighting an internal dispute among the court’s judges. The case in question involved a petition filed by Mashal Yousafzai, seeking a meeting with former Prime Minister Imran Khan, which was removed from the cause list without prior notice.
Justice Ishaq Khan questioned the authority of the Chief Justice to reassign cases unilaterally, emphasising that such actions undermine judicial independence and public trust in the legal system. He remarked that instead of cancelling the cause list, it would have been better if his court had been destroyed, reflecting his frustration over the perceived disregard for judicial norms.
The Deputy Registrar of the IHC, Sultan Mehmood, appeared before the court to explain the cancellation, stating that the decision was made following instructions from the Chief Justice’s office. However, Justice Ishaq Khan challenged this explanation, asserting that such a transfer should not occur without the consent of the presiding judge.
This incident has shed light on ongoing tensions within the IHC, as earlier in March 2024, six judges, including Justice Ishaq Khan, had written to the Supreme Judicial Council alleging interference by intelligence agencies in judicial matters. The current case further underscores concerns about the autonomy of the judiciary and the potential for external influence on judicial proceedings.
Justice Ishaq Khan has initiated contempt proceedings against the officials involved in the case transfer, seeking to uphold the integrity of the court and assert the authority of individual judges. The outcome of this case may have significant implications for the governance and functioning of the judiciary in Pakistan.