Islamabad High Court's Acting Chief Justice Faces Dissenting Opinion: Hussain Ahmed Chaudhry
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00:00Chief Justice of Islamabad High Court ordered an administrative change of a bench and changed the case.
00:10Justice Babar Sattar was a case related to the server and he refused to hear it.
00:16Now this case happened because what was the reason and what is the story behind it?
00:22Hussain Chaudhry, our Special Rapporteur, covers Islamabad High Court.
00:26Let's go to Hussain Chaudhry.
00:28What is this issue and how will it be solved?
00:31Hussain Chaudhry, thank you very much.
00:33Since when this case is going on, Hussain Chaudhry?
00:37Look, Khawar sahib, since Chief Justice Aamir Farooq sahib went to Supreme Court,
00:43after that Justice Sarfaraz Dogar sahib was appointed here as Chief Justice,
00:48after that we see that judges of Islamabad High Court and their Chief Justice
00:53have differences with respect to the benches.
00:57Apart from this, there are differences with respect to the administrative committee.
01:02Similarly, there are differences with respect to the rules of Islamabad High Court.
01:06So generally we see that the cases of Islamabad High Court are decided by Chief Justice.
01:13Some cases go to senior judges.
01:16Some common cases don't go to senior judges.
01:20There are some judges who are additional judges,
01:23they get High Profile cases on the fourth day,
01:26whereas the High Profile cases don't go to senior judges.
01:31Similarly, Justice Babur Sattar sahib has discovered that this practice of Islamabad High Court
01:35is contrary to the High Court rules.
01:38And in his order, which has three witnesses,
01:41he has written that the responsibility of Chief Justice is to approve the roaster of the benches prepared by the Deputy Registrar.
01:49Once the roaster is approved,
01:51then Chief Justice has no role in deciding the High Court cases.
01:57And if a judge sends a larger or a special bench,
02:01then that matter will go to Chief Justice.
02:04Along with this, he has also said that if it is necessary to send the case back to the same court,
02:09then it should be the fault of the Chief Justice or the staff of the Registrar's Office.
02:16Along with this, he has also said that the Chief Justice has no right to decide
02:21that a court has to listen to the case.
02:24This was a service matter, which he sent back to the Chief Justice.
02:28And the Chief Justice sent him the file again and said that you will listen to this case.
02:33So, this order is going on.
02:35Okay, Hussain, stay with us, I want to go to Hassan.
02:39Hassan, why doesn't the Chief Justice confirm this?
02:43This is also an issue.
02:45There has been a petition against the Chief Justice in the Supreme Court.
02:50The Judicial Commission has already approved him as the Chief Justice.
02:53Why don't you approve him?
02:54This is his freedom.
02:55He may not approve it.
02:56He may approve it.
02:57It is possible that Mian Gul Hasan, who is the Additional Judge of the Supreme Court,
03:01may come back to the High Court from the Supreme Court.
03:03So, this is his freedom.
03:05But this issue, I feel that the monopoly of some peopleā¦
03:14No, no, it's a hard word, monopoly.
03:16What is a monopoly in the case of the court?
03:19Rules and regulationsā¦
03:20According to the rules and regulations, the Chief Justice has to use his power.
03:23No, no, look, in Pakistan, the protection of the law, the interpretation of the law,
03:28which we see towards the courts.
03:29So, whatever is there in the rules, it depends on whom it will be applied to.
03:35So, I just want to know, the question is that the Chief Justice does not have the powers that I have understood.
03:41No, he has the power.
03:42He has the grievance that why good cases, the high profile cases, are not being applied to him,
03:46why they are being applied to senior judges, why they are being applied to new judges.
03:49This is the problem.
03:50Now, it is a matter of fixing the cases.
03:53Which is the important case, which judge will listen, which band will listen?
03:56Okay, Hussain Chaudhary, in the normal past, because you have been covering for a long time,
04:00what is the practice?
04:02I mean, when a bench is formed, the common understanding is that a judge has an expertise,
04:09that judge is told, or there is a discussion that this case should go here,
04:13or only the Chief Justice has given the total credit, he makes the bench of his own will.
04:19Hussain Chaudhary.
04:21Look, Mr. Khawar, the problem is not with the bench right now,
04:24the problem that they have raised today, like Babur Sattar sir,
04:28he apologized for a case and sent the file back, that he should send it to some other bench.
04:33So, in general, we see that when the file goes to the Chief Justice,
04:37then he transfers the case to some other judge.
04:40But this was the only case that he gave the file and sent it back to the same judge,
04:45and said that you will listen to this case.
04:47If the judge does the recusal, then it will not happen.
04:50Hussain Chaudhary, thank you very much.
04:52Mr. Chaudhary Ghulam Sain, before Eid today,
04:55it is obvious that this is our program,
04:57I would like to take Mr. Chaudhary Ghulam Sain's basket again.
05:03Mr. Chaudhary Ghulam Sain, after Eid, it is possible that I will come to you during the days of Eid,
05:08and this jersey of yours, which you have worn so beautifully these days,
05:12so you have to make us talk too.
05:14Viewers, on behalf of our program, on behalf of our entire team,
05:18on behalf of Mr. Chaudhary Ghulam Sain, on behalf of Hassan Ayub,
05:20to all our viewers and lovers,
05:23very, very happy Eid.
05:25Inshallah, see you again after Eid. Allah Hafiz.