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IHC stops deputy registrar judicial from transferring case from single bench to division bench without legal justification

Islamabad: Islamabad High Court (IHC) has stopped deputy registrar judicial from transferring the case from single bench to division bench without legal justification.

The court has directed deputy registrar judicial to keep in view court's guidelines while transferring or marking case besides ordering him to send the cases again to different benches which were fixed in division bench under directives of acting chief justice.

Justice Mohsin Akhtar Kiyani and justice Sardar Ejaz Ishaq Khan issued 12-page decision.

The court ordered deputy registrar judicial to follow these guidelines unless full court gives further opinion on high court rules.

The court ordered as per high court rules and orders deputy registrar judicial should send all cases to respective benches and deputy registrar judicial should not exercise powers for sending cases from single bench to division bench without legal justification.

The power can be exercised only if interpretation of law is involved or the cases are of same nature which give legal justification.

The court gave future guidelines on powers for fixing or marking the cases.

Rules are clear marking or fixing cases fall in the powers of deputy registrar judicial but deputy registrar has not powers to withdraw or fix the case in any other bench.

According to court's orders it has been settled in Asif Ali Zardari case the judge himself has to decide if he will hear the case or otherwise. In this case neither judge has recused nor it is case of partiality.

Office did not provide assistance to acting chief justice in proper way on administrative side.