Judge raises issue of regulating powers of IHC Chief Justice

After the resolution of the matter regarding the powers of the Chief Justice of Pakistan, the issue of regulating the powers of the Chief Justice of the High Court has come to the fore, reported 24NewsHD TV channel on Saturday.

In this connection, Justice Mohsin Akhtar Kayani has recommended to send the matter to the Administrative Committee of the Islamabad High Court.

The judge says that in the absence of High Court Chief Justice, the administrative judge does not have the authority to form a bench.

Justice Mohsin Kayani points out that the administrative judge cannot fix the emergency case for hearing on the same day nor does he constitute a bench for hearing. He can only mark the case according to the powers provided by the Chief Justice, he states.

Justice Mohsin Kayani says apparently, this aspect puts the petitioner in a difficult situation as he (petitioner) does not get protection due to the absence of the Chief Justice. Not getting protection due to absence of Chief Justice is related to fundamental rights, the judge asserts.

The judge says that the authority to run the administrative matters of the Islamabad High Court rests with the Administrative Committee. He suggests that this matter be placed before the Administrative Committee so that it can take a decision on it.

Justice Mohsin Kayani further recommends that the matter can also be placed before the Full Court under the High Court Rules and Orders.

Reporter Rozina Al