The judge of the Superior Court of Islamabad (IHC), Babar Sattar, presented on Tuesday a sheet of charges against the president of the Supreme Court Mohammad Sarfraz Dogar, highlighting the “judicial evils that affect the Superior Court” before a meeting of the complete court.
The new judicial year began at the IHC on Tuesday with Justice Dogar by calling a complete judicial meeting attended by all the judges. The authorities said that the president of the Supreme Court scheduled another complete judicial session for the 2pm today (Wednesday), issuing formal notices that order all the IHC judges to attend.
Although the detailed agenda was not made public, such meetings are generally convened at the beginning of the judicial year to review the court’s performance, discuss administrative matters and establish priorities for the coming months.
The meeting of the Complete Court, chaired by Judge Dragar, will bring together all IHC service judges for collective deliberations on judicial and administrative matters.
The sources said the judges sought a review of the complete court agenda, expressing strong reserves about the IHC state of affairs and suggesting corrective measures. The letters were also shared with other judges.
Judge Sattar’s letter, seen by Dawn.comHe said that the complete court meeting was “a lot of delay but welcome step to correct the illegalities that have been infiltrated in the administration of the Superior Court of Islamabad”, noting that the process had begun during the period of the previous superior judge.
“I am writing to the inclusion of the issues listed below for the discussion in the meeting of the complete court. I have only included here brief explanations or questions to articulate its relevance, but I am sure that my drift will get.
“Some could advise that this is an exercise in uselessness in view of atrocious contempt for judicial independence, institutional norms and the principle of the community between the judges who have been witnessed in our environment from their transfer to the Superior Court of Islamabad. But one must never lose hope of the innate ability of human beings to assume control of their agency and do the right and right,” he wrote.
The decreasing role of IHC as a guardian of fundamental rights: Judge Sattar said that the main responsibility of the Judiciary in a law of the rule of law was to protect the fundamental rights constitutionally guaranteed against the abuse of power by the State.
He questioned whether IHC’s judges really believed that the court was downloading that “fundamental constitutional duty” today and if they believed that citizens perceived them as protectors and defenders of fundamental rights.
Do not exercise supervision and control over the subordinate judiciary: On this issue, Judge Sattar asked if the IHC was unloading his obligation to supervise and control the subordinate courts in a way so that judges who handle said courts could discharge their judicial functions without fear, as required by article 203 of the Constitution.
“The Judicial Power of the Islamabad district should continue looking like a game of musical chairs interpreted predominantly by deputists or IHC has the responsibility of developing the Judicial Power of the District as an independent institution that has integrity and efficiency?”
Lack of transparency and logic in fixing cases and preparation of lists: On this issue, Judge Sattar said that, unlike respecting institutional norms, Judge Dogar had created lists excluding high -level judges, including Puisne’s judge, heading divisional banks.
“Should the fixing of the cases rest in the whims of the CJ or should there be transparency in whom he listens to what case, while coinciding with the experience of the judges with the work they are asked to do? We write in our judgments every day in which public officials are not kings and their administrative powers are not unexpected or should be exercised or the judges of the judges. disgusting.
Use of administrative powers to undermine judicial independence: Judge Sattar lamented that, according to the leadership and surveillance of the Dogar justice, “we have seen that the office refuses to issue lists of causes in breach of judicial orders, we have seen cases transferred from the file from one court to another despite the lack of any power in the CJ office, and most have recently seen the emitters of the condiments to the two judges (including me) Moving to those who are handling the emissions of the lists to which the ships are shown to those who move to those who are moving to those who move to those who move.
The judge said that the above could be successful maneuvers in “making some judges irrelevant” and that the judicial history of the country was full of “similar malevolent practices that spread during authoritarian times.” He, however, questioned whether such a “subversion of judicial independence” was justifiable.
Committees composition to undermine the collegiate character of the Superior Court: On this issue, Judge Sattar said that Dangar justice had constituted committees “so that they exclude most of the IHC senior judges of participating in their administrative functions.
“You have excluded the two most senior judges of IHC of the Administration Committee in breach of the IHC rules and the entrenched institutional norms respected by all the higher courts, including the LHC from where you have come.
“Do you think that Manning IHC committees with additional judges appointed earlier this year and the transferred judges from other provinces together with you strengthen IHC as an institution and promote collegiality among the judges?”
Assumption of powers to transform the position of the president of the President of Justice into a monochriety: The judge said that the president of the IHC court had “assumed powers to issue a circular that requires judges to seek a NOC (certificate without objection) of you to travel outside the country, essentially placing the judges on the output control list.”
Judge Sattar did not say that neither the Constitution nor the law acquired such the power to prepare rules in the office of the president of “lord over his colleagues.”
“The draft of the distributed rules for consideration during the complete judicial meeting also seek Download of our awarding duties? ” Judge Sattar reflected.
Performance evaluation of judges and judgments reports: Regarding this issue, Judge Sattar said that the judges were the best paid public officials and should be considered strongly to account for their performance by the public.
However, he questioned if there should not be an objective framework agreed for performance evaluation.
“According to its clock, IHC has issued biased statistics regarding the discharge of judicial work in IHC. These statistics are designed to cultivate an impression that some judges work very efficiently, while others do not work at all. What would happen if a curious investigator was to investigate the nature (and number) of the cases of ‘realization’ versus others, and the nature and the duration of the orders and the duration of the orders. Your disposition?
Concluding his letter, Judge Sattar said: “He will appreciate that he has been building institutions decades, but they can be destroyed exponentially. We have seen that this happens to the Superior Court of Islamabad in recent years.
“While I can be accused of letting hope to experience you to encourage and facilitate the intra -institutional debate to stop the rot that this judicial body reduces to nothing, I am partial to Rousseau’s opinion regarding the ability of human beings for virtue. History does not kindly remember those who only do hay while the sun feels To history.
Judge Sattar expressed the hope that the president of the IHC court will read the letter to “appreciate the spirit in which it is written.”
He added: “I apologize in advance if the content causes a crime, because that is not the intention. We are all adult adults who should be able to speak frankly about the state of the arrest of our institution. Without an honest identification and the admission of our failures, there can be no corrective actions.”
It can be mentioned that Judge Sattar previously wrote letters to justice to give multiple issues, including amendments in the IHC rules and the formation of administrative committees, among others.
Recently, the president of the Supreme Court of the IHC constituted a division bank exclusively to clean the accumulation of almost 2,000 fiscal references.
Both judges, Judge Sattar and Judge Sardar Ejaz, are members of this special bank.
The IHC administration transferred all pending cases in the alborants of both judges to the other available judges.
