ISLAMABAD: Justice Babar Sattar of the Islamabad High Court (IHC) has raised concerns about the legality of the newly notified Islamabad High Court Establishment (Appointment and Conditions of Service) Rules, 2025, arguing that they lack legal authority as they were not approved by a full court. In a letter to all IHC judges, Justice Sattar pointed out that he was unaware of any full court meeting convened to discuss or approve the enactment of these rules.
He emphasized that the rules are in violation of Article 208 of the Constitution, which requires such decisions to be made by the full high court, and also contravene the Lahore High Court Rules and Orders adopted by the IHC. Justice Sattar warned that failure to address this issue could lead to legal complications and embarrassment for the high court.
The letter, along with a copy of the new rules, has been submitted to the Supreme Court as part of ongoing hearings on a petition filed by five IHC judges challenging the transfer of three judges to the IHC.
Justice Sattar also referred to the constitutional provisions that grant authority under Article 208 solely to the full high court and noted that any delegation of this power was unlawful. He stressed that the enactment of the rules without the proper procedure could prejudice the rights of IHC employees.
Meanwhile, Justice Saman Riffat also submitted a letter to the Supreme Court, raising concerns about another notification, the Islamabad High Court Practice and Procedure Rules, 2025, which she argued had not followed the proper process for amendments. She requested documentation and clarification on the matter.
