Judge IHC softens the tone of colleagues on the transfer of Imran – Pakistan cases

Islamabad: The transfer of a case concerning the rights of the prison of the former PM Imran Khans, who sparked controversy one day earlier, attenuated Thursday when judge Sardar Ejaz Ishaq Khan from the High Court of Islamabad (IHC) excluded the holidays to colleagues and adjourn the hearing of the damage to the EID.

Judge Ishaq Khan resumed the hearing in the outrageous case which had started to follow the sudden transfer of the lawyer for PTI Mashal Yousafazis Petition to the greatest bench without his consent.

The largest bench of three members, led by the acting chief judge, Sardar Mohammad Sarfraz Dogar, on the other hand, took the prison superintendent, Abdul Ghafoor Anjums, linked to the installations of Mr. Khans' prison and issued opinions to all the applicants concerned for March 24.

Judge Ishaq Khan raised the white flag with remarks that he does not want to embarrass anyone, but said he would put the records. He ordered the Sultan Mehmood to present the Deputy Registrar (DRJ) to present the rules of the High Court which allow the chief judge to adopt an order on a request without deleting the objections.

The hearing of judge Khan adjourns, says he does not want to embarrass anyone; Questions if the procedures followed in the case of ex-PMS deployment

During the hearing, several legal representatives were present, notably the Advocate General of Islamabad (AG) Ayaz Shaukat and the spokesperson for Imran Khan and Bushra Bibi, Niazullah Khan Niazi, Pti Lawyers Chaudhry Zaheer Abbas, Usman Riaz Gul, Ali Bukhari, Shoaib Shaheen and Mashal Youtaai.

Judge Ishaq Khan asked if the appropriate legal procedures had been followed in the transfer of the case. He stressed that any transfer of cases must be made through a legal process, demanding that the opinions be sent to all the parties concerned. He noted that the registrar's office initially opposed the request, but canceled it later, which raises concerns concerning the judicial protocol.

This action is not intended to embarrass the high court but to ensure judicial responsibility, noted the judge. He said that if a high court judge had not dealt with the case, it could have equipped criminal outrage in the court.

AGE recognized that no opinion had been given to the other parties before the transfer of the case, supporting the concerns of the courts concerning procedural failures.

Meanwhile, former defender General Jahangir Jadoon argued that the office of Agis could not legally represent the assistant registrar, further complicating the case.

Judge Ishaq Khan underlined the need to clarify in legal proceedings, declaring that the responsibility of the judges should be public and underline the importance of legal education for lawyers and the public.

He announced his intention to write a detailed judgment on the issue to clarify legal ambiguities.

The hearing was postponed that after Eid, the deputy registrar was responsible for presenting the rules of the High Court concerning the Chief Justices Authority on the objections and withdrawals of cases.

Larger bench audience

In a related development, the IHC largest benches including the acting chief judge Sardar Mohammad Sarfraz Dogar, judge Arbab Mohammad Tahir and judge Mohammad Azam Khan asked for a report to the authorities of Adiala prison concerning the meetings of the imprisoned founder of PTI.

The Superintendent of Adiala prison, Anjum, informed the court that the head of the PTI held meetings outside the approved schedule, which prompted the bench to demand a complete file of visitors and procedural directives for penitentiary meetings.

The hearing was adjourned until March 24.

Posted in Dawn, March 21, 2025

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