PaperGlitch Logo

PaperGlitch

Blog Image

PaperGlitch

Published on 10/20/2025

12 views

The Islamabad High Court: Navigating a Period of Dynamic Change and Scrutiny

The Islamabad High Court: Navigating a Period of Dynamic Change and Scrutiny :

The Islamabad High Court (IHC) has been at the forefront of significant legal and administrative developments, reflecting the evolving judicial landscape in Pakistan. In recent months, the court has seen notable changes in its leadership, grappled with high-profile political cases, and addressed critical issues concerning judicial independence and public conduct. These developments underscore the IHC's pivotal role in upholding the rule of law and safeguarding fundamental rights within the federal capital.

The court's decisions and administrative policies often set precedents and spark wider discussions across the legal fraternity and the public. From addressing concerns about judicial interference to implementing new conduct rules for its judges, the IHC continues to navigate a complex environment. This comprehensive overview delves into the most recent happenings, providing a detailed look at the court's journey through a period of intense activity and heightened public interest.

New Leadership and Evolving Administrative Policies :

A significant change in leadership occurred on July 8, 2025, when Justice Sardar Muhammad Sarfraz Dogar was sworn in as the new Chief Justice of the Islamabad High Court. This appointment marked a new chapter for the institution, coming amidst ongoing discussions about judicial appointments and transfers within the superior judiciary. The Lahore High Court Bar Association and Lahore Bar Association, along with five IHC judges, challenged the Supreme Court's verdict upholding the transfer of judges to the IHC, highlighting the contentious nature of these moves.

In a move aimed at enhancing discipline and transparency, the IHC implemented a stringent new vacation and travel policy for its judges in October 2025. This policy mandates prior approval from the Chief Justice for any international travel, even during holidays. As a direct consequence of these new regulations, one IHC judge recently surrendered his US permanent residency (green card), opting for a five-year visa on his official passport to comply with the revised administrative framework and avoid conflicts with the new travel restrictions.

Furthermore, the Supreme Judicial Council (SJC) approved amendments to the code of conduct for judges on October 19, 2025. These revisions notably restrict judges from engaging in public controversies, speeches, writings, debates, or comments on political questions, particularly on any forum or media. The new code also prohibits judges from publicly discussing judicial or administrative matters or disclosing communications related to personal or official affairs, aiming to ensure institutional collegiality and discipline.

High-Profile Cases and Political Dynamics :

The Islamabad High Court has been heavily involved in a surge of politically charged cases throughout 2024 and 2025, especially those involving the Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, his wife Bushra Bibi, and other prominent PTI leaders. Many of these cases originated from district and special courts, drawing significant public and media attention to the judiciary.

In notable decisions, the IHC acquitted the PTI founder and Shah Mehmood Qureshi in the cipher case and nullified a special court's ruling. The court also suspended the sentences of Imran Khan and Bushra Bibi in the Toshakhana case and granted interim bail in related cases, demonstrating its critical role in processing high-stakes political litigation.

The court has also taken measures to facilitate legal processes for high-profile prisoners. In an important ruling, the IHC restored biweekly meetings for Imran Khan, allowing him to meet his family and lawyers on Tuesdays and friends on Thursdays, with specific authorization from his coordinator. Additionally, the IHC reserved its decision on October 15, 2025, regarding a petition by an Adiala Jail prisoner seeking similar facilities to those provided to the PTI founder, highlighting ongoing discussions about prisoner rights and equitable treatment.

Addressing Allegations of Interference and Judicial Independence :

A significant concern that emerged in March and April 2024 involved serious allegations of interference in judicial affairs by intelligence agencies. Six out of eight IHC judges addressed a letter to the Supreme Judicial Council (SJC), urging a judicial convention to tackle these concerns. The judges highlighted how senior Inter-Services Intelligence (ISI) officials were allegedly influencing judicial proceedings and pressuring judges, prompting the Supreme Court to initiate suo motu proceedings.

The IHC's full court met on April 23, 2024, to deliberate on proposals to be submitted to the Supreme Court regarding this alleged meddling. This proactive step aimed to formulate an institutional response and a mechanism to prevent future interference and ensure accountability for those responsible. The issue of judicial independence remains a critical and ongoing challenge for the judiciary, with such concerns underscoring the delicate balance of power within the state.

Recent Notable Judgments and Administrative Actions :

The IHC has continued to deliver significant judgments and implement new administrative measures. On October 20, 2025, the IHC issued notices to several government officials and institutions in response to a petition concerning 'inappropriate' video recordings taking place within the premises of Faisal Mosque. The petitioner argued that such acts violate the mosque's sanctity and offend religious sentiments, highlighting the court's role in addressing public morality and religious sensitivities.

In a judgment related to public safety, Chief Justice Sardar Sarfraz Dogar made a 'big decision' on October 9, 2025, instructing that individuals driving without a license should not be immediately arrested, nor their vehicles seized. Instead, a fine should first be imposed, and a warning issued for repeated violations, with only a copy of the license being sufficient if the hard copy is unavailable.

Additionally, the IHC overturned the 10-year prison sentences of four Pakistan Tehreek-e-Insaf (PTI) members who had been convicted for attacking a police station during the violent riots on May 9, 2023. The court has also taken measures to address societal issues, such as banning all direct food and courier deliveries to students across federal educational institutions due to the growing influence of drugs on campuses.

Challenges and Controversies: A Deeper Look :

The IHC has not been immune to internal and external controversies. In September 2025, Chief Justice Sardar Muhammad Sarfraz Dogar faced demands for his removal from major lawyers' associations due to alleged sexist and threatening remarks made to a prominent female attorney, Imaan Zainab Mazari-Hazir, during courtroom proceedings. Despite the Chief Justice's clarification that his words were taken 'out of context,' the incident sparked widespread outrage, exposing tensions between the bar and the bench.

Another controversy involves Justice Tariq Mehmood Jahangiri, whose LLB degree was cancelled by the University of Karachi in August 2024 following findings by an Unfair Means (UFM) Committee. This development led to a reshuffling of the bench scheduled to hear a petition against him on October 21, 2025, seeking to stop him from performing judicial duties, further adding to the court's internal challenges.

Judicial Performance and Backlog Management :

In 2024, the Islamabad High Court decided a total of 10,571 cases, a slight decrease of 5.4 percent compared to the 11,170 cases decided in 2023. Despite this, Chief Justice Aamer Farooq delivered the highest number of verdicts, with 2,525 cases. The decrease in case disposal occurred even as the emoluments for high court judges significantly increased in November 2023, with salaries and house rent allowances rising considerably.

Currently, the IHC faces a backlog of over 16,000 pending cases, indicating that the slight decrease in disposal rates in 2024 is contributing to this growing challenge. Addressing the backlog while maintaining the quality and efficiency of justice delivery remains a key priority for the court. The continuous efforts to digitize and automate district judiciary operations, as inaugurated by Chief Justice Aamir Farooq in January 2025, aim to streamline processes and improve case management.

Looking Ahead: The Path of Justice :

The Islamabad High Court continues to be a crucial pillar of Pakistan's justice system, navigating a landscape filled with both legal complexities and societal expectations. Its recent actions, from addressing political cases to implementing strict conduct policies, reflect an institution actively striving to uphold its constitutional mandate. The ongoing efforts to address issues of judicial independence, ensure transparent administration, and efficiently manage its caseload will be critical in shaping public trust and the future trajectory of justice in Pakistan.

The coming months will likely see continued attention on the IHC's handling of high-profile cases, the effectiveness of its new administrative policies, and its ability to maintain judicial integrity amidst various pressures. The dedication of its judges and the support of the legal community will be essential in overcoming these challenges and reinforcing the court’s role as a beacon of justice.