ISLAMABAD – A new controversy has emerged after the interim order of Islamabad High Court judge Justice Babar Sattar was suspended by the division bench led by the Acting Chief Justice.
According to reports, despite directions from Justice Babar Sattar on the judicial administrative side, the case could not be scheduled before his bench.
Justice Babar Sattar proceeded with the hearing despite the suspension of his order and issued an eight-page written ruling.
Justice Babar Sattar stated that since the March 26 order to fix the case was never challenged before the division bench, it could not have been suspended. He further noted that the orders of March 12 and March 26 were interim, and the final decision on the case is still pending.
The court said that the Supreme Court has clarified in multiple rulings that the Chief Justice has no authority to intervene administratively in a pending case. The court asked why action should not be taken against the Deputy Registrar for not listing the case for hearing despite court directions.
Justice Babar Sattar summoned the Deputy Registrar (Judicial) and Deputy Registrar (IT) to appear in person at the next hearing.
Justice Babar Sattar also questioned the Deputy Registrar (IT) about who ordered the removal of judicial orders from the court’s website.
The written order stated that upon being summoned, the Deputy Registrar (Judicial) submitted a note claiming that the division bench had suspended the order. However, by not including the case in the cause list, the Deputy Registrar apparently violated the court’s order.
It further stated that despite administrative instructions, the Deputy Registrar (Judicial) did not include the case in the supplementary cause list either, justifying it by citing directions from the division bench.
In his order, Justice Babar Sattar noted that proper assistance was not provided to the division bench regarding the interim nature of the order.
Justice Babar Sattar referred to Section 3 of the Law Reforms Ordinance 1972, stating that under this law, only final decisions of a single bench can be challenged through an intra-court appeal. It is inconceivable to obstruct a constitutional court’s proceedings by seeking records or issuing directives.
Justice Babar Sattar ordered the case to be scheduled for the next hearing on May 7 and directed the Registrar’s Office to include the case in the cause list. He stated that even if the case is not listed, the hearing will proceed on May 7.
Justice Babar Sattar further ordered that a copy of his order be sent to all parties to ensure their attendance at the next hearing and be made part of the record so that it comes to the knowledge of the division bench as well.
He directed the Deputy Registrar (Judicial) to personally appear at the next hearing and explain why action should not be taken against him for violating court orders.
Justice Babar Sattar stated that if the division bench does not order the record to be sent to his court, then the Registrar’s Office should create a new record file.
Justice Babar Sattar had earlier issued show-cause notices for contempt of court to the DG Immigration & Passport and a NAB Director. However, a division bench headed by Acting Chief Justice Sarfraz Dogar suspended Justice Babar Sattar’s order.
