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IHC Reaffirms Chief Justice as Sole “Master of the Roster” in Aafia Siddiqui Case
Islamabad High Court rules July 2025 Aafia Siddiqui order invalid, reaffirming that only the chief justice can constitute benches. Judicial self-assignment is not permitted.
ND
by News Desk
2026-02-23
IHC Reaffirms Chief Justice as Sole “Master of the Roster” in Aafia Siddiqui Case

A larger bench of the Islamabad High Court (IHC) on Monday clarified that the chief justice is the sole authority for constituting benches, ruling that a July 21, 2025 order in the Aafia Siddiqui case was issued by an unlawfully constituted forum and is therefore recalled.

Justice Sardar Ejaz Ishaq Khan had issued contempt notices against the prime minister and the federal cabinet in July 2025 over non-compliance with the court’s directions on the petition filed by Dr. Fowzia Siddiqui seeking the release of her sister, Dr. Aafia Siddiqui, from a US prison. However, the registrar’s office did not execute the notices because Justice Khan was not included in the approved duty roster that day.

The larger bench, comprising Justices Arbab Muhammad Tahir, Raja Inaam Ameen Minhas, Khadim Hussain Soomro, and Muhammad Azam Khan, concluded that no bench could exercise jurisdiction unless lawfully constituted under the chief justice-approved roster. Justice Khan had been listed as on leave in both the weekly and summer vacation rosters, making his July 21 proceedings invalid.

The judgement emphasized that judicial power, while vested in the high court, requires “activation” through a lawfully constituted bench. Simply being physically present in a courtroom does not confer authority to hear cases. Self-assignment of cases by judges without roster approval undermines institutional discipline and is incompatible with constitutional design.

The larger bench further ruled that the chief justice does not need consent from individual benches to consolidate or reassign identical petitions, which is an institutional measure to maintain coherence and prevent conflicting judgments.

Citing Articles 175(2) and 202 of the Constitution and relevant Supreme Court precedents, the judgement reinforced that adherence to the roster system is a constitutional requirement, not mere administrative formality.

In conclusion, the July 21, 2025 proceedings in the Aafia Siddiqui case were conducted without legal authority, and the resulting orders are recalled. The court stressed that this measure safeguards the rule of law and maintains orderly administration of justice within the high court.
Tagged:

IHC

PakistanJudiciary

ChiefJustice

AafiaSiddiqui

BenchConstitution
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