The Superior Court of Islamabad (IHC) prohibited on Friday that the Deputy Secretary (Judicial) transferred a single bank to a division bank without a clear legal basis.
In a 12 -page verdict, Judges Mohsin Akhtar Kayani and Sardar Ejaz Ishaq also ordered the registrar to follow the existing court guidelines and stop reassigned cases, already set before a bank of the division on the instructions of the interim justice justice, to other banks.
The Court declared that until the full court offers more opinion on the matter, the deputy secretary must operate strictly under the current judicial guidelines and adhere to the rules and orders of the Superior Court.
The sentence clarified that although the deputy secretary has the authority to fix and mark the cases of the banks, the paper does not extend to reallocate them or withdraw them from one bank to another without legal justification.
“Only cases involving legal interpretation or those of a similar nature that provide justification can justify such reallocation,” said the ruling.
The Court also indicated that the authority to approve the judicial list is only with the president of the Supreme Court, in accordance with the rules and orders of the Superior Court.
In his decision, the Court cited a previous case, where it had already been established that the President Judge decides whether to listen to a case, in the absence of a challenge or bias.
The ruling added that the registrar’s office could not help the president of the Supreme Court in functions in this matter on the administrative side.
