According to the Lahore High Court Rules adopted by the Islamabad High Court, this is against the law, Justice Babar said.
Islamabad: A new controversy has arisen over the change in the Islamabad High Court Rules. Justice Babar Sattar raised objections in a letter and said that changing the rules without a full court meeting is against the law.
Justice Babar Sattar has written a letter to Acting Chief Sarfaraz Dogar and all the judges of the High Court. Justice Babar Sattar says that the rules have been changed against the method mentioned in the Lahore High Court Rules and Article 208, immediate steps need to be taken for correction.
According to the text of the letter, I have received the gazette notification of the Islamabad High Court Rules 2025. Under Article 208 of the Constitution, the authority has the power to make rules, while according to Article 192, the authority refers to the Chief Justice and the judges of the High Court. This power cannot be given to anyone else nor can it be used in any other way.
Justice Babar Sattar wrote in the letter that it is a settled principle that the law under which discretionary power is given cannot be given to anyone else without a change in the law. The Lahore High Court Rules adopted by the Islamabad High Court did not give the authority of Article 208 to anyone else.
Justice Babar Sattar wrote that to my knowledge, there is no such full court meeting in which the Islamabad High Court Rules 2011 were repealed or discussed. These Islamabad High Court Rules 2025 are without legal authority and have been made in violation of Article 208. According to the Lahore High Court Rules adopted by the Islamabad High Court, this is against the law.
In the letter, Justice Babar has clarified that the mistake should be corrected immediately because it will also affect the rights of the employees. The High Court has made its own rules in violation of Article 208. Apart from affecting the rights of the employees, this will also be a source of great embarrassment for the High Court.
