President Asif Ali Zardari approved on Saturday the transfer of a judge of the Superior Court of Lahore (LHC), along with two others, to the Superior Court of Islamabad (IHC) one day after a letter from five judges of the court of the capital of the capital Federal expressed concern about moving.
A notification of the Ministry of Law and Justice said that President Zardari approved the transfers of the Judge of LHC, Sardar Muhammad Sarfraz Dogar, the judge of the Superior Court of Sindh (SHC) Khadim Hussain Soomro and the judge of the Superior Court of Baluchistan Muhammad Asif to the IHC under clause (1) of article 200 of the Constitution.
Article 200 of the Constitution says: “The President may transfer to a judge of a superior court of one court superior to another superior court, but no judge will be transferred, except with his consent and after the president’s consultation with the president of the president of the President of Pakistan (CJP) and the president of the Court of the Higher Courts. “
Today’s development occurs a day after five of the 10 IHC judges formally opposed the transfer of Justice Dogar, warning that his elevation as the president of the IHC Court would violate constitutional procedures and judicial norms.
The letter – signed by Judges Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan and Saman Rafat Imtiaz, was directed to CJP Yahya Afridi, the justice of IHC Aamer Faooq, LHC Justice Justice Aalia Neelum and the head of IHC Shafi Justice, Aamer Fararoq, LHC Justice Justice Aalia Neelum and Shafi Chief of Justice of IHC, Shafim. Siddiqui and raised serious concerns about the possible transfer.
Interestingly, although the names of Judge Miangul Aurengzeb and Judge Arbab Tahir were also included in the letter, he did not support his signatures.
The letter occurred in the middle of the speculation that Judge Dogar could be appointed as the next president of the Supreme Court of IHC, as expected that the current president of Justice Aamer Faooq will be elevated to the Supreme Court, with the Judicial Commission of Pakistan (JCP) established to end the appointments on February 10. .
Judge Dragar will now be among the five judges panel competing for the vacant position of the President of the Supreme Court of IHC.
The five IHC judges had formally expressed their opposition to the informed transfer, particularly if the purpose was to consider the judge transferred for appointment as justice.
In the strongly written letter, the judges had raised constitutional and procedural concerns, arguing that such a measure would undermine judicial independence, violate the constitution of Pakistan and establish a dangerous precedent.
The speculation about the transfer of Justice Dogar was underway until at least last month when Sunrise According to the reports, he reported that the judicial bureaucracy was planning to bring a JC judge to lead the IHC after the elevation of the CJ of the holder. According to the sources, a SHC judge was also a possibility of being transferred to the IHC.
Traditionally, the senior judge of Puisne of a superior court is appointed as the president of the Supreme Court, but the JCP last year introduced new rules to avoid the criterion of antiquity in the light of the 26th amendment. The JCP proposed that the president of the Superior Court could be appointed between the panel of five senior judges.
The Islamabad Lawyers Council assaults the transfer of the judges
The Islamabad Bar Association (IBC) condemned the transfer of the three judges, qualifying the decision of the Ministry of Law “an affront to the independence of the Judiciary and undermines the rights and representation of the legal fraternity in Islamabad.”
A statement issued by the agency said: “The IBC firmly opposes this decision and determines to resist such unjustified transfers that ignore the fundamental principles of judicial autonomy and regional representation.”
The statement said that the IBC has called an emergency session, the Bar Association of the Superior Court of Islamabad and the Association of Lawyers of the Islamabad district at 11 am in tomorrow (Sunday) to “deliberate in the future course of action regarding this pressing matter. “
A press conference will also be held at 1PM to inform the public about the position and steps of the IBC in the future.
“The IBC urges the legal fraternity to join in this critical moment to defend the holiness of the Judiciary and protect the interests of the legal practitioners of Islamabad,” the statement concluded.
Meanwhile, lawyer Hassan Niazi criticized the 26th constitutional amendment, saying that it had “allowed the total capture of the Judicial Power of Pakistan by the Executive.” “That was always his only goal and reason,” he added.
“Improving access to justice was never a serious consideration for those who voted in favor of this assault on due process.”
