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Powers of acting CJ IHC powers for fixation of cases: Justice Mohsin Akhtar Kiyani,. Justice Sardar Ejaz Ishaq second Justice Babar Sattar order

Islamabad: Justice Mohsin Akhtar Kiyani and Justice Sardar Ejaz Ishaq Khan have seconded orders of Justice Babar Sattar with reference to powers of acting Chief Justice of Islamabad High Court (IHC) to fix the cases for hearing.

Justice Mohsin Akhtar Kiyani has remarked this case is lying with single bench and it has been heard in details. In the order of acting chief justice for transferring the case there is no reference of any specific legal clause. No order of administration committee is available in this regard. Justice Babar Sattar has passed an order related to it.

Justice Babar Sattar wrote about powers of chief justice for transferring cases. A single bench has heard this case in details. It is not appropriate to transfer this case to another bench without justification. Registrar office should place cases before acting chief justice. Chief justice should issue order as per law keeping in view his powers under rules and orders.

It is hoped that the cases will be fixed for hearing before respective benches soon keeping in view emergent situation.

Justice Sardar Ejaz Khan said this is petition for constituting commission. 21 tax cases have been transferred along with it.

Both of the judges expressed surprise over transferring single bench cases to division bench all of a sudden.

A division bench heard the case transferred from the court of Sardar Ejaz Ishaq Khan Monday.

Justice Mohsin Akhtar Kiyani inquired case of single bench can be sent to division bench under what law.

The counsels for the respondents replied unanimously we all are worried over it. The cases were shifted to division bench under the orders of acting chief justice.

Justice Mohsin Akhtar Kiyani inquired does some one know about this specific power.

The counsel said perhaps some case was with justice Arbab Tahir and he wrote for constituting division bench.

Justice Sardar Ejaz Ishaq Khan said this is application for constituting commission. 21 tax cases have also been transferred with it.