Aafia Siddiqui case: IHC sets aside contempt proceedings against PM, federal cabinet

ISLAMABAD: The Dr. Aafia Siddiqui case saw a major development as the Islamabad High Court withdrew the order to issue contempt of court notices to the prime minister and members of the federal cabinet, ARY News reported.

According to reports, a four-member larger bench of the Islamabad High Court, headed by Justice Arbab Muhammad Tahir, issued a written verdict in the matter related to Dr. Aafia Siddiqui.

In its ruling, the court declared that the Chief Justice of the Islamabad High Court is the “master of the roster” and holds the authority to constitute benches.

The court stated that only a bench formed with the approval of the Chief Justice has the legal authority to hear cases, including petitions connected to Dr. Aafia Siddiqui.

The verdict said that any objections regarding the roster or constitution of benches should be addressed through the court’s administrative mechanism.

The bench further observed that under Article 202 of the Constitution of Pakistan and the relevant High Court rules, any bench comes into existence only after approval from the Chief Justice.

The court clarified that no judge or bench can assign a case to itself, nor can it independently initiate, maintain, transfer, or assume jurisdiction over any matter.

The ruling emphasized that these powers rest solely with the Chief Justice in his capacity as the master of the roster. The Chief Justice may also consolidate similar petitions to avoid conflicting judgments and maintain judicial harmony.

The decision added that the Chief Justice has the authority to transfer cases to another bench at any stage to improve judicial efficiency and is not required to seek consent from the bench currently hearing the matter.

Referring specifically to the Dr. Aafia Siddiqui case, the larger bench ruled that the July 21 order had been issued by a bench that was not legally constituted under the approved roster.

As a result, the Islamabad High Court set aside the order that had initiated contempt of court proceedings against the prime minister and the federal cabinet in the matter concerning Dr. Aafia Siddiqui.

The judgment noted that such matters cannot be resolved through what it described as self-initiated judicial proceedings and also cited remarks by Felix Frankfurter in support of its reasoning.