Reporting snapshot · 23 Feb 2026. This report reflects the written judgment as released on 23 February 2026.
What happened
The Islamabad High Court on Monday 23 February 2026 withdrew its order to issue contempt notices to the prime minister and the federal cabinet in the case of Dr Aafia Siddiqui, ruling that the contempt order of 21 July had been issued by a bench that did not legally come into existence under the approved roster, the Associated Press of Pakistan reported.
A four-member larger bench headed by Justice Arbab Muhammad Tahir issued the written decision. The court held that the Chief Justice is the “master of the roster” and has the authority to constitute benches, and that only a bench legally constituted with the Chief Justice’s approval has the authority to hear cases. The contempt notices issued to the prime minister and the federal cabinet “stand withdrawn”, the ruling said.
The court said any objection regarding the formation of the roster or a bench can be resolved under administrative procedures, and that a bench comes into existence with the approval of the Chief Justice under Article 202 of the Constitution and the relevant High Court Rules. It ruled that no judge or bench can automatically initiate, maintain, transfer or take over any case, and that only the Chief Justice holds that authority as master of the roster.
According to the judgment, the Chief Justice may consolidate applications of the same nature to avoid conflicting decisions and maintain judicial harmony, and may transfer a case to another bench at any stage to improve judicial efficiency, without being bound to obtain the consent of the bench before which the case is being heard.
The court found that the contempt order in the Aafia Siddiqui case had been issued by a bench that did not legally come into existence under the approved roster. Justice Sardar Ijaz Ishaq Khan had issued the contempt notice to the prime minister and the federal cabinet on 21 July 2025; according to the ruling, he heard the case despite there being no case in the cause list, and his name was not included in the judges’ duty roster.
Why it matters
The ruling removes a rare contempt proceeding that had been initiated against the prime minister and the entire federal cabinet, and it reasserts the Islamabad High Court chief justice’s exclusive control over how benches are constituted and cases assigned. The case arose from a petition filed on behalf of Dr Aafia Siddiqui, a Pakistani neuroscientist imprisoned in the United States, seeking her release.
At issue was whether a single judge could validly take up and hear a matter that had not been placed before him under the court’s approved duty roster. The larger bench answered that question in the negative, holding that an improperly constituted forum could not exercise jurisdiction and that challenges to the roster must be pursued through the court’s administrative mechanisms rather than through self-initiated proceedings.
What is still uncertain
The practical next steps in the broader effort to secure Dr Aafia Siddiqui’s release were not settled by the 23 February ruling, which addressed the validity of the contempt proceedings rather than the merits of her case. It was also not immediately clear whether any party would seek further review of the larger bench’s decision.
Sources & reporting notes
This is a synthesis of published material, not eyewitness reporting. Sources were reviewed on 23 February 2026.
- Associated Press of Pakistan — "IHC withdraws contempt notices to federal cabinet in Dr. Aafia case"Published 23 Feb 2026 · The Islamabad High Court's withdrawal of the contempt notices against the prime minister and federal cabinet, the four-member larger bench led by Justice Arbab Muhammad Tahir, the master-of-the-roster reasoning, the reference to Article 202, and the facts concerning the 21 July 2025 order by Justice Sardar Ijaz Ishaq Khan.