Islamabad:
The judge of the Judge of the Superior Court of Islamabad (IHC), Babar Sattar, has raised objections to the newly notified rules of the establishment of the Superior Court of Islamabad (appointment and service conditions), 2025, stating that they lack legal authority since they were not approved by a complete court.
In a letter addressed to the ten IHC judges, Judge Sattar declared that he was not aware of any meeting of the complete court convened to consider the promulgation of the rules or repeal of the rules.
“Therefore, the rules lack legal authority and have been issued in breach of the requirements of article 208, as well as those of the rules and orders of the Superior Court of Lahore, as adopted by the Superior Court of Islamabad,” he argued.
The letter, together with a copy of the new rules, has been submitted to the Supreme Court during hearings on a petition presented by five IHC judges who challenge the transfer of three judges from other courts higher than the IHC.
Judge Sattar urged his fellow judges to undertake corrective measures without delay, emphasizing the possible consequences for IHC staff.
He pointed out that if the rules are challenged or if it arises that the Superior Court has intended to promulgate rules in breach of the requirements of article 208 of the Constitution and the rules and orders of the Superior Court of Lahore, “it will cause great shame for this Superior Court.”
He added that he would also harm “the rights and rights of the employees of this court.”
He said he received SRO 585 (1)/2025 dated March 25, 2025, which was published in the Pakistan Gazette on April 10, 2025, notifying the rules of the establishment of the Superior Court of Islamabad (appointment and service conditions), 2025.
“The preamble establishes that the rules have been promulgated in the exercise of authority under article 208 of the Constitution, which says that the Supreme Court, the Federal Court of the Shariat and the Superior Court of Islamabad, with the approval of the President and a superior court, with the approval of the governor in question, the rules that provide the appointment by the Court of Officers and Servants of the Court and for its terms and conditions of employees.”
Judge Sattar argued that the constitutional authority under article 208 falls to the Complete Superior Court.
“The authority under article 208 of the Constitution is acquired in the Superior Court that is defined in article 192 of the Constitution as a President of the Court and Judges of the Superior Court.
In addition, he pointed out the legal limitations with respect to the delegation of such powers, pointing out that it was an established proposal that the discretionary authority cannot be underelegated unless the law that creates said authority establishes its greatest delegation.
Judge Sattar added that there is no delegation under the existing provisions.
“In any case, the power under article 208 of the Constitution has not been delegated as is evident from the provisions of rule 5 (2) of Chapter 10, part of the volume-V of the rules and orders of the Superior Court of Lahore, adopted by the Superior Court of Islamabad.”
He also cited jurisprudence on the matter.
“The way in which the Superior Court can exercise authority in terms of article 208 of the Constitution has also been explained in Muhammad Shabbir Vs. Registrar, the Superior Court of Islamabad and another (appeal of Judicial Service No. 03 of 2026),” he added.
Meanwhile, another IHC judge, Judge Saman Riffat, also presented his own letter to SC.
In its letter of May 5 to the IHC registrar, Judge Riffat refers to the previous notification with respect to the rules of practice and procedure of the Superior Court of Islamabad, 2025, published through the notification of the Gazette No. Sro169 (1)/2025 dated February 18, 2025.
“As the letter dated 25-4-2025 he informed him that the rules of practice and procedure of the Superior Court of Islamabad, 2025 have been published in the notification of the Gazette No. Sro169 (1)/2025 dated 18.02.2025”.
She referred to the previous correspondence that contradicts the claim of the registrar.
“PLEASE RECALL THAT VID LETTER DATED 11-3-2025 YOU 354/legis/IHC DATED 08-28-2019 and not by the administration committee. Islamabad, 2025 were framed and the names of the members of the Administration Committee that framed them. “
In addition, he noticed the absence of an answer.
“Neither such information nor the copy of the rules have been provided in spite of 10 days since its last letter confirming its publication,” he added.
Judge Riffat reiterates his claim.
“Once again, you are told to provide information and documentation, as well as the alleged rules of practice and procedure of the Superior Court of Islamabad, 2025,” he added.
