Justice Sardar Ejaz Ishaq Khan, in response to case transfer, remarks, “Instead of doing this, you might as well place explosives under my court’s foundations and blow it up,”
ISLAMABAD: (UrduPoint/Pakistan Point News-March 19th, 2025) Islamabad High Court (IHC) Justice Sardar Ejaz Ishaq Khan has raised concerns over judicial independence, remarking, “We are now worried for our own institution because the guided missile is now heading toward us,”.
Justice Sardar Ejaz Ishaq Khan initiated suo motu contempt of court proceedings after the contempt case against the Superintendent of Jail—filed by lawyer Mishal Yousafzai for not allowing a meeting with the PTI founder—was removed from the cause list.
The court ordered the Deputy Registrar (Judicial) to submit a written response and sought a reply from the Advocate General of Islamabad regarding the removal of the case from the cause list and its transfer to another bench.
Justice Sardar Ejaz Ishaq asked whether the state supports transferring a case to a larger bench without the judge’s consent, saying, “Instead of doing this, you might as well place explosives under my court’s foundations and blow it up.”
During the proceedings, Deputy Registrar (Judicial) Sultan Mehmood appeared before the court and stated that the Chief Justice’s Office had directed the cancellation of the cause list while citing the formation of a larger bench.
The judge responded by questioning whether the Chief Justice has the authority to transfer an ongoing case to another judge without the presiding judge’s consent. He warned of the potential for corruption, asking, “If in the future, a highly corrupt Chief Justice is in office, will he have the power to transfer cases at will?”
He further criticized the decision, saying, “Are you opening the doors to corruption and favoritism? This amounts to misleading the court of justice. The Islamabad High Court rules do not grant the Chief Justice the power to transfer a case without the judge’s consent. What you are doing in the name of ego will tear the High Court apart,”.
Justice Sardar Ejaz Ishaq questioned whether the state supports transferring cases to a larger bench without the judge’s approval, adding, “Instead of doing this, you might as well plant explosives under my courtroom and detonate them,”.
He further remarked, “If the higher authorities wish, they can tell me to take over the case. But is a judge supposed to be at the mercy of the Registrar's Office? Will the office decide whether a judge hears a case or not? Should the cause list dictate how justice is served?”
The Deputy Registrar (Judicial) clarified that the matter was referred to the Chief Justice’s Office, which then directed the case’s transfer to a larger bench.
Justice Sardar Ejaz Ishaq Khan responded that the larger bench's ongoing proceedings were in contempt of his court's jurisdiction.
Advocate Shoaib Shaheen argued that the state and the Superintendent of Jail were not even the affected parties in this case, asking, “How can we expect justice tomorrow?”
Lawyer Mishal Yousafzai added, “If this is how we are treated outside, imagine what is happening inside the jail with the PTI founder and Bushra Bibi,”.
Justice Sardar Ejaz Ishaq Khan responded, “You are talking about them; we are now worried for our own institution,”.
“The guided missile was heading toward you but now it’s coming toward us,” remarked the judge.
The court adjourned the hearing until Thursday (tomorrow).
