Justice Sardar Ejaz Ishaq of the Islamabad High Court (IHC) on Friday declared that an intra-court appeal challenging his interim order in a contempt case is inadmissible. The judge emphasized that he would move forward with the contempt proceedings and issue a judgment on the matter.
The case stems from Justice Ishaq’s suo motu action in March, initiated after a case regarding the prison superintendent’s failure to arrange a meeting between Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his lawyer, Mashal Yousafzai, was removed from the cause list.
The removal followed the formation of a larger bench on the orders of Acting Chief Justice Sarfraz Dogar, who also instructed the consolidation of over 20 petitions related to the imprisoned PTI leader’s right to legal counsel.
At the hearing, Justice Ishaq questioned the legitimacy of the division bench’s order, which had paused contempt proceedings. He expressed concern that the division bench may have overstepped its jurisdiction.
“This order undermines the authority of a senior fellow judge,” he remarked. “If I allow such overreach, it raises questions about the integrity of this court. Why would litigants trust my rulings, and what would compel compliance with this court’s decisions?”
Justice Ishaq asserted that he would continue with the contempt case and deliver a judgment on whether the chief justice has the authority to withdraw such cases from a sitting judge.
He described the intervention as a threat to the institutional framework of the judiciary, suggesting that it could erode the foundational principles of judicial independence and authority.
