Islamabad:
Judge Sardar Ejaz Ishaq of the Superior Court of Islamabad (IHC) has sought the assistance of the Amici Court and the General Lawyer (AG) in the contempt of judicial procedures on the transfer of one pending case before him to another bank.
The judge issued a written order of the hearing on the case of contempt to the Court against the deputy secretary and others. The judge ordered the deputy secretary to show at the next hearing the rules on the authority to withdraw the contempt of the Court without the consent of the judge in question.
The written court order declared that in the Court’s Directorate, the Office presented the order of March 17 of the Interim Justice Registered and the Court asked the General Defender to help him understand the order.
According to the first paragraph of the president of the president of the president, the petitioner did not press his case transfer application, but since the second paragraph, it seemed that the requests were consolidated and the relief of the transfer was granted, he declared the order.
It is obvious that cases could not be covered without being transferred first, said the judge in order. In addition, he wrote in the order that perhaps he was not reading the order correctly or perhaps there was another way of reading it. He directed the AG to help the Court at the next hearing.
The order indicated that a CPC was presented under section 24, and the AG after some doubts, admitted that section 24 did not apply. Since the Bank of the Superior Court was not a subordinate court of the Court of the President of the Interim Justice, the Office of the Registrar set this request before the President of the Interim Supreme Court with objections.
However, the order of the president of the interim justice of forming a larger bank did not show the reasons to eliminate objections. Not writing the reasons for eliminating the objection was against the practice and procedure of the IHC, according to the order.
For transparency, the reasons for eliminating objections were written, especially with respect to the admissibility of the application. Experienced judicial officers of the office act as the first filter for inadmissible applications and the judge must write the reasons for eliminating objections.
According to the order, so far no legal precedent has been submitted to withdraw a pending case. He added that the general defender mentioned a provision of the rules of the Superior Court of Lahore with respect to the formation of banks, but that was irrelevant.
The judge said that lawyers should help the court and the public should also monitor this case, and added that this case was not the leader of a political party, or any judge, but that it was the principle applied to all cases and the power to transfer the case using administrative powers.
The court has said that the Amici Court would be appointed on a future date to provide assistance. He said he became more important in a case of contempt to the court because no one could be a better judge than the judge, whose order was violated. The next hearing of the case will take place on April 11.
