Islamabad:
The judge of the Superior Court of Islamabad (IHC), Sardar Ejaz Ishaq Khan, has noticed that there cannot be a conflict between the brothers judges in the superior court of the capital. He has also reiterated his position that no Intra-Court appeal may be presented against an intermediate order of a court.
Previously, Judge Sardar Ejaz Ishaq Khan was also listening to a case of contempt to the Superintendent of the Adiala prison for not allowing former prison prime minister Imran Khan to meet with his relatives and party leaders despite judicial orders.
However, the case was transferred to a larger bank of three members, led by the president of the IHC Supreme Court, Sardar Muhammad Sarfraz Dogar, which eliminated cases with instructions.
However, Judge Sardar Ejaz Ishaq Khan initiated a separate contempt of Suo Motu that proceeds against the deputy secretary of IHC and others for transferring a case without his permission.
During the hearing of the case on Friday, Judge Khan was told that an IHC division bank had issued an order to suspend the contempt procedures initiated by him.
“You are presenting the order of the Bank of the Division, which prevents this court from proceeding with the case of contempt to the case of the Court. This is a flagrant overreach of the authority by the Bank of the Division,” he said.
According to Judge Khan, a law is established that a single judge and the order of the Bank of the Division cannot be maintained an intra-Court appeal against an intermediate order and the order of the Bank of the Division undermined the authority of a high-ranking judge.
“If I accept this overreach, why would litigants continue to have faith in my court? Why would someone comply with the orders issued by my court? Because at the time I will issue a notice of contempt for contempt, a division bank can simply suspend it?” Added.
He added: “Let me clarify one thing. I proceeded to write the order even if I had to sit alone in this courtroom and pretend that people were present.”
During the hearing, Judge Khan asked additional and attachments to why they hid the fact that an Intra-Court appeal had been presented. He said that a division bank listened to the appeal and concluded that he was wrong and that he did not even know the law.
“Are you making a mockery of the IHC? I assured you that no measures would be taken against you and, nevertheless, you continued and presented the Intra-Court appeal or forced you to do so?” asked.
He said that when the case was presented before the Bank of the Division, he was not allowed to present his position. He said that a unilateral order was approved and only after his approval was the informed court that the procedures had been arrested.
