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Justice Ijaz Ishaq Admits Rift Among IHC Judges Over Contempt Case
Justice Sardar Ijaz Ishaq Khan admits a rift among Islamabad High Court judges, questions legality of division bench's order halting contempt proceedings.
ND
by News Desk
2025-05-16
Justice Ijaz Ishaq Admits Rift Among IHC Judges Over Contempt Case

In a dramatic hearing at the Islamabad High Court (IHC), Justice Sardar Ijaz Ishaq Khan openly acknowledged internal discord among judges, saying, "Why should I pretend there is no dispute?" His remarks came during the hearing of a petition challenging the transfer of a contempt of court case from his court to a larger bench.

The judge expressed strong displeasure at the division bench’s order halting contempt proceedings initiated in his court. “This is an excess of authority,” Justice Ijaz Ishaq said. He questioned whether a division bench had the legal grounds to intervene in contempt proceedings based on a non-admissible intra-court appeal against an interim order of a single judge.

“If I accept this overreach, why would litigants have faith in my court?” he asked, adding that orders from his courtroom would lose credibility if routinely suspended by other benches.

Allegations of Misconduct and Misrepresentation

Justice Ijaz Ishaq further criticized the Additional and Deputy Registrars for allegedly concealing the fact that an intra-court appeal had been filed. He suggested that either they deliberately withheld the information or were compelled by others to act against court procedure.

“You listened to me, acted like I was wrong, as if I don’t know the law,” he said in sharp rebuke.

He questioned whether the division bench and the court’s senior registry staff were unaware of the legal principle that interim orders are not appealable in intra-court appeals, particularly after decades of judicial service.

Challenge to Chief Justice's Authority

Justice Ijaz Ishaq also announced that he would write a decision addressing whether the Chief Justice has the authority to withdraw a contempt case from a judge. He labeled the move a serious institutional concern, stating:

“This is a strong attack on the foundation of this institution.”

Acknowledging Judicial Discord

In response to the judicial assistant's suggestion to delay proceedings until clarity is obtained from the division bench, the judge did not hold back.

“There is a dispute between the judges. Why should I pretend otherwise?” he remarked candidly.

Justice Ijaz Ishaq’s statements highlight deep fissures within the Islamabad High Court, raising questions about judicial independence, internal governance, and transparency within one of the country’s highest judicial forums.

 
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