ISLAMABAD: Islamabad High Court (IHC) Justice Ejaz Ishaq Khan on Wednesday initiated suo moto contempt proceedings after it transpired that a case he was hearing regarding PTI founder Imran Khan’s right to meet with his lawyer — had been transferred to a larger bench without his “knowledge or consent.”
“Under which law the miscellaneous petition for transfer of the case was filed,” Justice Ejaz Ishaq questioned the state counsel. “If the state supports transfer of the case to a larger bench without consent of the judge,” IHC judge asked.
“Instead of doing this, you would have detonated the foundations of my court with explosives,” the judge remarked.
Yesterday, the IHC administration had formed a three-member larger bench — headed by Acting Chief Justice Sardar Sarfraz Dogar — to hear all 26 petitions related to the visitation rights and jail conditions of Imran Khan.
As the orders in one such petition were not followed, Imran’s lawyer Mashal Yousufzai sought contempt proceedings against Adiala Jail Superintendent Abdul Ghafoor Anjum. The case was heard last week by Justice Ishaq.
However, the cause list for the case presided by Justice Ishaq — set to resume on March 21 — was cancelled by the IHC registrar’s office due to the larger bench’s formation, it emerged during a hearing on Wednesday.
Yousufzai, her counsel Advocate Shoaib Shaheen and Imran’s spokesperson Niazullah Khan Niazi appeared before the court.
When Justice Ejaz Ishaq asked the Deputy Registrar Judicial as to “who ordered cancelation of the cause list,” he replied that they had received instructions from the Chief Justice’s Office.
“Chief Justice’s office had ordered to cancel the cause list as a larger bench has been constituted for the case,” they added.
Consul Mishal Yousafzai said, “If it is happening with us, how the other people being treated by them”.
“We have concerns about our institution, the guided missile that was going towards you, has now directed towards us. It is not the issue of my person or my authority, it is the issue of the dignity of the high court,” Justice Ejaz Ishaq said.
“I am initiating these proceedings to decide these all questions,” he added.
The bench adjourned further hearing of the case till tomorrow.
In a separate development, the petitions clubbed together were fixed for hearing before the larger bench for tomorrow.
The bench, led by Justice Dogar and including Justices Arbab Muhammad Tahir and Muhammad Azam Khan, will hear the pleas, which include Yousufzai’s contempt case.
All 26 petitions — including contempt of court applications against Anjum — were transferred to the larger bench on the Adiala Jail official’s request, which cited logistical challenges in appearing before multiple benches.
