ISLAMABAD: In judicial history, three judges who were transferred from Lahore High Court (LHC) to Islamabad High Court (IHC) later became Chief Justices.
As per the private media report, Justice Sardar Aslam was transferred from Lahore High Court to Islamabad High Court in February 2008 and later became Chief Justice. In 2009, Justice M Bilal Khan was transferred from Lahore High Court to Islamabad High Court as Chief Justice. Justice Iqbal Hamid Rehman was transferred after the re-establishment of Islamabad High Court under the 18th Amendment and was appointed Chief Justice under Article 200.
According to a report, the Constitution requires prior consent from the judge, the President, the Chief Justice, and the Chief Justices of both high courts before a transfer. When a judge is transferred from one high court to another, their seniority, benefits, and privileges remain unchanged.
ALSO READ
Bureaucrats now eligible for vice chancellor positions, Sindh assembly passes amendment bill
It is important to note that eight judges of Islamabad High Court have written a letter to Chief Justice of Pakistan, Yahya Afridi, stating that the senior-most judge should be made Chief Justice.
They argue that transferring judges from other courts to Islamabad High Court would be unconstitutional. They also emphasize the importance of meaningful consultation for the appointment of Chief Justice among the three senior-most judges. If such transfers are allowed, they warn that it could be disastrous for the Constitution and the independence of the judiciary.
The letter includes names of Justices Mian Gul Hassan Aurangzeb and Arbab Muhammad Tahir, although their signatures are absent. The letter was addressed to the Chief Justice of Pakistan, as well as the Chief Justices of Islamabad High Court, Lahore High Court, and Sindh High Court, with a copy sent to President Asif Ali Zardari.
Meanwhile, Chief Justice of the Supreme Court met with the Federal Law Minister and Attorney General, where they discussed the upcoming Judicial Commission meeting regarding the appointment of judges.
