ISLAMABAD: The Islamabad High Court (IHC) on Monday clarified that a petition regarding “extreme urgency” can be presented anytime after the notified Court timings and it can also be fixed for hearing subject to the satisfaction of the IHC chief justice that circumstances exist for doing so.
In response to the criticism which ensued after filing of petitions seeking court’s directions to restrain the then prime minister Imran Khan from de-notifying Army Chief General Qamar Javed Bajwa, the IHC stated that the filing of petitions late in the evening on 9th April 2022 has been misreported and queries have been raised whether petitions can be presented after the notified Court timings. It was stated in the IHC press release that it is informed that vide circulars, dated 11.11.2019 and 10.02.2021, the manner of presentation of petitions after Court timing has been described.
It mentioned, “As a Constitutional Court, the Islamabad High Court has ensured that cases relating to extreme urgency are presented at any time after the notified timings. The chief justice, if satisfied that there exists extreme urgency, may order fixation of the case at any time.”
It stated that on 09.04.2022, the president, Supreme Court Bar Association had approached the Court and had inquired regarding filing of a petition under Article 187 of the Constitution of the Islamic Republic of Pakistan, 1973 and the above circulars were brought to his attention.
In the meanwhile, certain other petitions were presented and they were transmitted to the residence of the IHC chief justice who was satisfied that neither the petitions warranted initiation of proceedings nor required passing of a judicial order.
It is; therefore, clarified that in the light of the above mentioned circulars, a petition regarding extreme urgency can be presented at any time after the notified Court timings and it can also be fixed for hearing subject to the satisfaction of the chief justice that circumstances exist for doing so.
Copyright Business Recorder, 2022