ISLAMABAD: The Islamabad High Court (IHC) on Friday dismissed a petition seeking the removal and suspension of Nasir Javed Rana, the judge who issued the verdict in the £190 million NAB case against the PTI founder, ruling that the matter fell outside its jurisdiction.
In a detailed written judgment, IHC Chief Justice Sardar Muhammad Sarfraz Dogar held that District and Sessions Judge Nasir Javed Rana is serving in Islamabad on deputation and that his service record lies with the Lahore High Court (LHC). For that reason, the matter does not fall within the IHC’s domain, and the petition is therefore dismissed at the preliminary stage as not maintainable.
The judgment noted that the petitioner himself acknowledged in paragraph 4 of the plea that the Punjab subordinate judiciary had earlier cleared Judge Rana of misconduct after departmental proceedings, and the LHC’s Administrative Committee subsequently reinstated him. The IHC observed that this decision was neither challenged nor set aside by any competent forum and, therefore, has attained finality.
The court further remarked that the petitioner’s reliance on the Supreme Court judgment, PLD 2005 SC 86, appeared to be based on a misunderstanding. Prima facie, the petition was filed belatedly and did not present any grounds within the IHC’s jurisdiction that would justify issuing a writ of quo warranto.
The judgment added that since Judge Rana is a member of the Punjab Judicial Service, matters related to his competence, service, discipline, or conduct fall exclusively within the jurisdiction of the Lahore High Court. The Islamabad High Court, it noted, cannot act as a parallel judicial tribunal over the affairs of another high court.
Consequently, the court dismissed the petition on grounds of lack of jurisdiction without commenting on the merits of the allegations. However, it observed that the petitioner, if he wishes, may approach the appropriate forum regarding the applicability of the Supreme Court’s observations.
It may be recalled that petitioner Usama Riaz had requested the court to take action regarding the appointment and authority of Sessions Judge Nasir Javed Rana in light of the Supreme Court’s 2004 observations.
