ISLAMABAD, Dec 24 (APP): A four-member bench of the Supreme Court on Monday suspended an interim restraining order of the Lahore High Court regarding the establishment of Islamabad High Court and allowed the Federation to proceed further in this regard. The bench comprising Chief Justice Abdul Hameed Dogar, Justice Muhammad Nawaz Abbasi, Justice M.Javed Buttar and Justice Ch.Ejaz Yousaf heard the arguments of the Attorney General and said that the High Court has no jurisdiction to hear the case.
Accepting the plea taken by Attorney General Malik Muhammad Qayyum, the bench granted leave to the Federation and allowed it to proceed further regarding the establishment of the Islamabad High Court as the order passed by a three-member LHC bench was without jurisdiction.
The bench called the record of the case from the LHC and adjourned the matter till January 7.
Malik Qayyum apprised the court that the LHC had passed the order without jurisdiction and by taking up the case filed on December 17 on emergent basis the same day at 3.30 p.m without issuing notice to the Attorney General.
He cited various judgments of the Supreme Court related to jurisdiction of a High Court.
Justice Muhammad Nawaz Abbasi observed, “How this petition was taken up by the Lahore High Court as it has no jurisdiction to entertain such petitions.”
This order is also a clear violation of the order passed by the Supreme Court in Tikka Iqbal Muhammad Khan’s case and contradictory to various provisions of the Constitution, Justice Abbasi said.
The Attorney General said that Islamabad Capital Territory was given under the jurisdiction of the LHC for the time being and other provinces, especially representatives from NWFP, had raised this issue in the Federal Cabinet, questioning the jurisdiction of LHC.