SC suspends LHC’s stay against Islamabad HC

* Bench observes that LHC has no jurisdiction in this regard

By Masood Rehman

ISLAMABAD: A four-member Supreme Court (SC) bench on Monday suspended the Lahore High Court’s (LHC) stay against the
establishment of the Islamabad High Court (IHC), and allowed the government to go ahead with its plans to set up the IHC.

The bench comprising, Chief Justice Abdul Hameed Dogar, and justices Muhammad Nawaz Abbasi, M Javed Buttar and Chaudhry Ejaz Yousaf, ruled that a high court had no jurisdiction over such matters.

Attorney General Malik Qayyum told the SC that the LHC had issued the interim restraining order to the federal government against the IHC’s establishment the same day it had taken up the petition.

He said high courts had no jurisdiction to suspend constitutional amendments made by the president during the emergency rule, and asked the SC to suspend the LHC order.

He said the LHC order was based on a mala fide intent, adding that even he was not served notice to appear before the LHC in this regard.

Justice Muhammad Nawaz Abbasi questioned how the LHC had taken up the petition despite having no jurisdiction to do so. He said the LHC order was also against various constitutional provisions.

The SC adjourned hearing into the case till January 7.