IHC judges question 'transparency, judicial independence' in letter to CJ Dogar

ISLAMABAD: Two judges of the Islamabad High Court (IHC) — Justice Babar Sattar and Justice Sardar Ejaz Ishaq Khan — wrote letters to Chief Justice Sardar Muhammad Sarfraz Dogar, raising concerns over transparency and judicial independence ahead of a full court meeting scheduled today.

The Chief Justice Islamabad High Court (IHC) Justice Sarfraz Ahmed Dogar has summoned full court meeting at 2:00 pm today to mark the start of new judicial year. All IHC judges have been issued instructions to attend the meeting.

In his letter, Justice Babar Sattar urged the inclusion of key issues in the meeting’s agenda, questioning whether the IHC was fulfilling its constitutional duty to safeguard fundamental rights against the abuse of power by the state.

He criticised the practice of excluding senior judges, including the senior puisne judge, from heading divisional benches, terming the fixation of cases under CJ Dogar contrary to institutional norms.

He also expressed concern over the IHC’s diminishing role in protecting citizens’ rights and described the district judiciary as a “game of musical chairs” dominated by deputationists rather than an independent institution.

“Should the Islamabad District judiciary continue to look like a game of musical chairs played predominantly by deputationists or does IHC have the responsibility to develop district judiciary as an independent institution possessed of integrity and efficiency?”, he said. “Should fixation of cases rest on the whims of the CJ or should there be transparency in who hears what case, while matching expertise of judges to the work they are asked to do?.

Justice Sattar further stated that judges are not kings and their administrative powers are neither unfettered nor should be exercised in a colorable manner.

Justice Sardar Ejaz Ishaq Khan, in his letter, criticised the late circulation of the new Islamabad High Court Practice and Procedure Rules (PPR), saying judges had been given only a day and a half to review the “voluminous” document.

“I take strong exception to the PPR being shared with the Judges only a day-and-a-half before the meeting, as if we were possessed with some magical powers to read, analyze, and comment usefully on such a voluminous treatise that will regulate the functioning of the IHC and its subordinate Judiciary”, he said.

Justice Sardar Ejaz Ishaq Khan termed the exercise “devoid of meaningful discussion” and objected to being excluded from its drafting.

“It seems the full court meeting will only be a formality, or in any event devoid of any meaningful discussion on the PPR. I therefore bring it to your notice that I am unable to give any meaningful input on the PPR for being excluded during the process of their conception and drafting.

He recommended some issues to include in the agenda of the Full Court meeting.

The reconstitution of the Administration Committee without the inclusion of the Senior Puisne Judge and the senior most Judges.

2. The requirement of NOC for the Judges’ travel abroad.

3.  The transfer of pending cases from one Judge to another by an inappropriete invocation of the adage that the CJ is the master of the roster.

4. The ever-eroding independence of the Islamabad High Court and the complicit role of a clique of IHC Judges in this erosion.

Justice Khan described the NOC condition for foreign travel as a “blatant impingement” of judges’ fundamental right of movement and a below-the-belt strike on the independence of the Judiciary, equating it to placing judges on a de facto Exit Control List (ECL). He said such instructions struck “a mighty blow” to judicial independence.

“What does it matter to CJ whether a Judge spends his vacations in Pakistan or abroad?” he added.