By Asif Naveed
ISLAMABAD (MNN); A larger bench of the Islamabad High Court has withdrawn contempt of court proceedings initiated against the prime minister and the federal cabinet in the Dr Aafia Siddiqui case, declaring that the July 21, 2025 order was issued by a bench that was not lawfully constituted.
In a detailed judgement released on Monday, the bench reaffirmed that the chief justice serves as the sole “master of the roster” and possesses exclusive authority to constitute benches. It held that judicial proceedings can only be conducted by benches formed through the lawful approval of the chief justice.
The court set aside the July 21 order issued by Justice Sardar Ejaz Ishaq Khan, observing that the bench that passed the order had not been constituted in accordance with legal requirements. It stressed that no judge may assume jurisdiction independently outside the prescribed institutional framework.
Last year, Justice Khan had issued contempt notices to the prime minister and the entire federal cabinet for alleged non-compliance with court directives in a petition filed by Dr Fouzia Siddiqui. The petition sought the release of her sister, Dr Aafia Siddiqui, from imprisonment in the United States.
However, the registrar’s office declined to process the contempt notices, stating that the judge was not part of the duty roster approved by the chief justice. Subsequently, the registrar recommended that a larger bench examine the legality of the July 21 proceedings.
In its ruling, the larger bench stated that any objections to the roster or the formation of a bench must be addressed through internal administrative channels rather than through self-initiated judicial action. The judgement also referred to observations by Felix Frankfurter of the Supreme Court of the United States while explaining principles related to judicial authority.
