Contempt case: IHC judge rules intra-court appeal against interim order inadmissible

• Justice Ishaq wonders over division bench’s order.
• Divisional bench exceeded its jurisdiction, says IHC judge.
• Vows to proceed with contempt case and issue judgment.

Justice Sardar Ejaz Ishaq of the Islamabad High Court (IHC) on Friday ruled that the intra-court appeal against a judge’s interim order was inadmissible.

Justice Ishaq made the remarks while hearing a suo motu case pertaining to the removal of a case from the cause list.

The IHC judge in March initiated suo motu contempt proceedings after a case concerning the prison superintendent's failure to arrange a meeting between the Pakistan Tehreek-e-Insaf (PTI) founder and his lawyer, Mashal Yousafzai, was removed from the cause list.

The court's action comes after the case was delisted following the formation of a larger bench pursuant to the orders issued by IHC Acting Chief Justice Justice Sarfraz Dogar, who also directed to merge over 20 pleas pertaining to the meeting rights of incarcerated PTI founder Imran Khan.

At the outset of today’s hearing, the IHC single bench expressed wonder over the division bench’s order halting the contempt proceeding by the IHC. At this, Justice Ishaq said that apparently, the divisional bench exceeded its jurisdiction.

“This order of the division bench is against the authority of a senior fellow judge. If I accept this overreach of authority, why will the litigants have faith in my court? Tomorrow, why will anyone comply with an order issued by my court,” remarked the judge.

The judge stated that he would proceed with the contempt of court case and would write a judgment.

“I will write a decision on whether the chief justice has the authority to withdraw a contempt of court case from a judge,” he added.

The IHC judge termed it an attack on the foundation of the institution.