ISLAMABAD:The Islamabad High Court (IHC) on Monday withdrew its order to issue contempt notices to Prime Minister and the federal cabinet in the Dr. Aafia Siddiqui case, ruling that the contempt order of July 21, was issued by a bench that did not legally come into existence under the approved roster.
The Chief Justice is the Master of the Roster and has the authority to constitute benches, it said, adding that only a bench legally constituted with the approval of the Chief Justice has the authority to hear cases.
The four-member larger bench headed by Justice Arbab Muhammad Tahir issued a written decision. The court has said in the decision that any objection regarding the formation of the roster or bench can be resolved under administrative procedures. Any bench comes into existence with the approval of the Chief Justice under Article 202 of the Constitution and the relevant High Court Rules. No judge or bench can automatically take over any case.
The Islamabad High Court ruled that no bench can automatically initiate, maintain, transfer or take over any case. Only the Chief Justice has this authority as the Master of Roster. The Chief Justice has the authority to consolidate applications of the same nature to avoid conflicting decisions and maintain judicial harmony. The Chief Justice can transfer a case to another bench at any stage to improve judicial efficiency.
The order further said that the Chief Justice is not bound to obtain the consent of the bench before which these cases are being heard.
The court ruled that the contempt of court order of July 21 in the Aafia Siddiqui case was issued by a bench that did not legally come into existence under the approved roster. The contempt issued to Prime Minister and the federal cabinet are stand withdrawn.
Justice Sardar Ijaz Ishaq Khan had issued a contempt of court notice to the Prime Minister and the federal cabinet on July 21, 2025. Justice Sardar Ijaz had heard the case despite the fact that there was no case in the cause list. Justice Sardar Ijaz Ishaq’s name was not even included in the judges’ duty roster. Justice Sardar Ijaz had issued contempt of court notices to the Prime Minister and the cabinet during the hearing.