Islamabad: A new dispute has surfaced up following the suspension of interim order of Justice Babar Sattar, of Islamabad High Court (IHC) by division bench of acting Chief Justice.
As per report the case could not be fixed in his bench despite his directives on deputy registrar judicial administrative side.
Justice Babar Sattar heard the case despite suspension of order. 8-page written order has been issued.
Justice Babar Sattar said March 26 order for fixing case has not been challenged in division bench then how it could be cancelled. Orders of March 12 and 26 were interim. Final decision of the case has yet to come.
The court remarked Supreme Court (SC) has clarified it in many cases chief justice has no powers to interfere in administrative side in pending hearing case.
The court sought reply as to why proceedings be not initiated against deputy registrar for not fixing the case for hearing despite court's directives.
Justice Babar Sattar summoned deputy registrar judicial and deputy registrar IT in person on next hearing.
Justice Babar Sattar inquired deputy registrar IT should tell he removed judicial order from website at whose behest.
It was said in written order deputy registrar judicial presented note on being summoned that order was suspended by division bench.
Deputy registrar judicial prima facie violated court's orders by not including case in cause list.
It was said therein deputy registrar judicial did not include the case in supplementary cause list despite directives on administrative side.
Deputy registrar judicial gave justification that case cannot be fixed as per directives of division bench.
Justice Babar Sattar said in his order apparently division bench was not rightly assisted that this is interim order.
Justice Babar Sattar gave reference of section 3 of Law Reforms Ordinance 1972 in his order.
The court remarked intra court appeal can be filed against final decision of single bench under law reforms ordinance. It is unimaginable to create hindrance in the proceedings of a constitutional court by calling the record or through a direction.
Justice Babar further said in his order copy of order be sent to all respondents so that they should ensure their presence in the court on next hearing. Order be made part of record so that it could come into knowledge of division bench.
He remarked deputy registrar judicial should appear in the court in person on next hearing. Deputy registrar should tell as to why proceedings be not initiated against him for violating court's orders.
Justice Babar Sattar said if division bench does not issue order for sending record to this court then registrar office should make new record in file.
Justice Babar Sattar had issued show cause notice of contempt of court to DG Immigration and passport and director NAB. Division bench of IHC under acting chief justice Sarfraz Dogar had suspended order of justice Babar Sattar.