Islamabad:
Another dispute has exploded in the Superior Court of Islamabad (IHC) when Judge Sardar Ejaz Ishaq has refused to accept the order of a bank of two judges to transfer civil appeals, waiting for the Superior Court for its award, to the Judiciary of the District, and refuse to transfer the appeals in its file.
The Bank of the Division, which comprises Judge Azam Khan and Judge Inam Amin Minhas, ordered the transfer of 1,594 civil appeals to the Judicial Power of the District after the amendment law of the civil courts of 2025 that redefines the jurisdiction of appeal in civil matters.
Judge Ishaq described the court order of the illegal bank. “I reach the quite shameful conclusion that the decision of the Bank of Division in the civil reference No. 1/2025 was Coram not Judice, by Incuriam, and an exercise of administrative authority wrapped as a judicial decision,” he said in an order.
Judge Ishaq said that the order of the Bank of the Division violated article 175 (2) of the Constitution. He wondered why the Judges of Banco OA did not occur to the representatives of the bar that the parties could have to pay additional fees to lawyers for appeal hearings in the district courts.
“I had the interest of the litigants that really mattered in the office, in the Division Bank and the representatives of the bars, they could have easily interpreted.
IHC judge challenges Bench in the transfer of appeals the amendment prospectively, “said the order approved by Judge Ishaq. The judge also said that the legislatures made an express command for the transfer, together with the conference of exclusive jurisdiction, then it must be followed”, but when it stops and simply changes the forum of the presumption of the presumption of the presumption of the sworn to the sworn To the sworn, which stops the forum of the presumption of the presumption of the presumption of the presumption of the presumption of the sworn. It is presumed that the legislature is aware of all the laws that the legislature was intended to let the courts apply the preceding law to decide the fate of the pending cases and the preponderance of the precedent, “said the order.
“I say with a heavy heart that the office, my scholars brothers, as well as the representatives of the bars, have not worried a little about the difficult situation of the litigants before the Superior Court, the discomfort of absolute that they will suffer for a novo hearing of their appeals by the district courts, the additional financial burden that will have to endure when paying the new funds to the announcements that have been, in most of the court Alto, what had been the butt, not the highest, what had been rear, and have not assumed it, which had not been the butt, not the highest, which was not done, which would not have been, not the most important thing, what had been, not the most important. unmatched preferred to download the upper court burden on them, “he continued.
“I feel sympathy for the judges in the district courts, who, in all likelihood, would ask why the eleven judges of the Superior Court do not go to the belts to decide 1,594 appeals instead of downloading them to an almost equal number of additional district judges that are much more loaded with the work we are.”
The Court also ordered the office to circulate the copy of this order to all the judges for their information and, if any of them agrees with me, then consider saying it in a written statement to the President of the Supreme Court. “
“In addition, the office will also send a copy of this order to the Islamabad Bar Association and the two lawyers for circulation among the members of the bars,” the order said. The case hearing was suspended until last September.
