ISLAMABAD (Rizwan Qazi) - A larger bench of the Islamabad High Court has issued a significant ruling in the Aafia Siddiqui case, clarifying that only the chief justice holds the authority to constitute benches.
The court held that under Article 202 of the Constitution and the High Court Rules, the chief justice is the “master of the roster” and has exclusive powers to form benches. It ruled that the July 21, 2025 order in the case filed by Dr Fauzia Siddiqui was beyond legal jurisdiction, as the concerned judge was not part of the approved roster at the time.
The larger bench declared the July 21, 2025 order null and void, stating that judicial authority is not attached to an individual judge but can only be exercised through a legally constituted bench formed under the approved roster.
The judgment further stated that no judge or bench can assign a case to itself, nor can any judge hear a case outside the approved roster. Any orders issued in violation of the roster would hold no legal status.
The court observed that the chief justice has the authority to consolidate cases and transfer them to any bench. Compliance with High Court rules is mandatory for all judges and judicial officers.
The larger bench comprised Justice Arbab Muhammad Tahir, Justice Inam Amin Minhas, Justice Muhammad Azam Khan, and Justice Khadim Hussain Soomro.
Earlier, Justice Sardar Ejaz Ishaq Khan had expressed dissatisfaction over the federal government’s efforts to secure the return of Dr. Aafia Siddiqui and had issued show-cause notices for contempt of court to the authorities.