Justice Babar Sattar accuses IHC Chief Justice Dogar of undermining judicial independence ahead of a full court meeting. On Tuesday, September 2, 2025, Justice Babar Sattar submitted a letter to Islamabad High Court (IHC) Chief Justice Mohammad Sarfraz Dogar, detailing IHC judicial ills, including transparency issues and administrative overreach, ahead of a full court meeting scheduled for Wednesday, September 3, 2025, at 2:00 PM.
The IHC judicial ills raised by Justice Sattar underscore critical challenges to judicial independence and public trust in Pakistan’s judiciary, a cornerstone of democratic governance in South Asia.
Addressing IHC Judicial Ills
Justice Babar Sattar, in a detailed four-page letter circulated to all IHC judges and the registrar, outlined systemic issues plaguing the Islamabad High Court under Chief Justice Mohammad Sarfraz Dogar’s leadership. The letter, submitted on Tuesday, September 2, 2025, called for the inclusion of specific agenda items in the full court meeting set for Wednesday, September 3, 2025, at 2:00 PM. Sattar’s critique focused on administrative and procedural shortcomings that he argued threaten the court’s integrity and efficacy.
Key Allegations
Justice Sattar highlighted several concerns, including:
- Diminishing Role in Protecting Rights: He questioned whether the IHC is fulfilling its constitutional duty under Article 199 to protect fundamental rights, asking if citizens still view the court as a defender of justice.
- Subordinate Judiciary Oversight: Sattar criticized the instability in the Islamabad district judiciary, describing it as a “game of musical chairs” dominated by deputationists, undermining its independence and efficiency as mandated by Article 203.
- Lack of Transparency in Case Allocation: He accused Chief Justice Dogar of creating rosters that exclude senior judges, including the senior puisne judge, from heading divisional benches, suggesting case assignments lack transparency and logic.
- Administrative Overreach: Sattar pointed to actions such as withholding cause lists, transferring cases without legal authority, and issuing rosters that marginalize certain judges, including himself, as attempts to undermine judicial independence.
- Exclusionary Committees: The letter noted that key administrative committees exclude senior judges, breaching IHC rules and norms, and questioned whether this promotes collegiality.
- Monocratic Tendencies: Sattar criticized a circular requiring judges to obtain a no-objection certificate (NOC) for international travel, likening it to placing judges on an Exit Control List, and argued it exceeds the chief justice’s constitutional powers.
- Skewed Performance Metrics: He challenged the IHC’s reporting of judicial statistics, suggesting they are manipulated to portray some judges as more efficient, and called for a consensual performance evaluation framework.
Sattar emphasized that these practices risk eroding decades of institution-building, stating, “It takes decades to build institutions, but they can be destroyed exponentially.” He urged open debate to address these IHC judicial ills, expressing hope that Chief Justice Dogar would consider his critique constructively, while apologizing for any unintended offense.
Context of Tensions
The letter follows previous objections by Sattar and Justice Sardar Ejaz Ishaq Khan, who have consistently raised concerns about IHC administration. On Tuesday, September 2, 2025, both judges were assigned to a special bench by Chief Justice Dogar to clear nearly 2,000 pending tax cases, with their other cases redistributed to other judges. This move has fueled perceptions of targeted marginalization, though no official response from the IHC administration has been issued.
Background
The IHC, established under the Islamabad High Court Act, 2010, is a critical judicial institution in Pakistan, with appellate jurisdiction over the Islamabad Capital Territory’s district courts. Chief Justice Dogar, who took oath on Tuesday, July 8, 2025, has faced scrutiny since his transfer from the Lahore High Court (LHC) in February 2025. Five IHC judges, including Sattar, previously opposed the transfer of three judges, including Dogar, arguing it violated seniority norms under Article 200 of the Constitution. Tensions escalated in March 2025 over a case transfer dispute, where Sattar challenged Dogar’s administrative authority, highlighting ongoing rifts within the court.
The IHC’s challenges reflect broader issues in Pakistan’s judiciary, where administrative decisions can impact public trust. In 2023, the IHC disposed of 12,456 cases, but a backlog of 18,000 cases remained, underscoring the need for efficient case management, as per the IHC’s annual report.
What’s Next
The full court meeting on Wednesday, September 3, 2025, is expected to address Justice Sattar’s concerns about IHC judicial ills, potentially shaping reforms to enhance transparency and judicial independence in the Islamabad High Court.
Published in SouthAsianDesk, September 3rd, 2025
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