ISLAMABAD — The Islamabad High Court (IHC) has withdrawn its earlier order to issue contempt of court notices to the prime minister and federal cabinet members in the Dr Aafia Siddiqui case, ARY News reported.
A four-member larger bench, headed by Justice Arbab Muhammad Tahir, issued a detailed written verdict addressing questions surrounding bench formation and judicial authority. Consequently, the court set aside the July 21 order that had initiated contempt proceedings.
In its ruling, the bench declared that the Chief Justice of the Islamabad High Court serves as the “master of the roster” and exclusively holds the authority to constitute benches. Therefore, only benches formed with the Chief Justice’s approval possess legal standing to hear cases, including petitions related to Dr Aafia Siddiqui.
The court further stated that under Article 202 of the Constitution and relevant High Court rules, a bench comes into existence only after such approval. Moreover, it clarified that no judge or bench may assign a case to itself or independently assume jurisdiction.
According to the verdict, any objections regarding roster allocation must be addressed through the court’s administrative mechanism rather than through judicial orders.
Referring specifically to the case at hand, the larger bench ruled that the July 21 order had been issued by a bench not legally constituted under the approved roster. As a result, the contempt notices against the prime minister and cabinet members were invalid.
Additionally, the court emphasized that the Chief Justice may consolidate similar petitions to prevent conflicting judgments and ensure judicial harmony. The ruling also noted that the Chief Justice can transfer cases at any stage without seeking consent from the bench hearing them.
