ISLAMABAD: Three judges have been transferred from Sindh, Lahore, and Balochistan High Courts to the Islamabad High Court (IHC).
As per the private TV channel report, the Federal Ministry of Law and Justice has issued a notification for the transfer of three judges from high courts to the Islamabad High Court.
According to the notification, Justice Sardar Muhammad Sarfraz Dogar from Lahore High Court, Justice Khadim Hussain Soomro from Sindh High Court, and Justice Muhammad Asif from Balochistan High Court have been transferred to IHC. The notification was issued after President Asif Ali Zardari approved the transfers.
A private TV report stated that Justice Sarfraz Dogar will be the senior-most judge after IHC Chief Justice Aamer Farooq. Justice Muhammad Asif recently became an additional judge, while Justice Khadim Hussain Soomro was appointed a high court judge two years ago.
The report added that Justice Khadim Hussain will be senior to Justice Saman Rafat on the IHC seniority list.
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Judges Write to Chief Justice of Pakistan;
It should be noted that, a day earlier, IHC judges wrote a letter to the Chief Justice of Pakistan Yahya Afridi. Letters were also sent to the Chief Justices of Islamabad, Lahore, and Sindh High Courts.
According to media reports, the letter was signed by five IHC judges, including Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Sardar Ejaz Ishaq, Justice Saman Rafat Imtiaz, and Justice Babar Sattar. The names of Justice Miangul Hassan Aurangzeb and Justice Arbab Muhammad Tahir were listed but without signatures.
The letter emphasized that judges should not be brought from other high courts or made chief justices. Instead, the chief justice should be selected from among IHC’s three senior judges.
The judges said meaningful consultation and valid reasons are necessary when bringing judges from other high courts. They highlighted that Lahore High Court has 200,000 pending cases compared to IHC.
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The letter questioned how IHC’s seniority list could be altered and noted media reports about transferring a judge from Lahore High Court to IHC, potentially considering them for the chief justice role. It was mentioned that there were also discussions about transferring a judge from Sindh High Court to IHC.
The letter stated that transfers between high courts are made under Article 200 of the Constitution. The judges urged that no advice for transfers be given to the President, as the 26th Constitutional Amendment did not allow permanent transfers.
The judges clarified that under Article 194 of the Constitution, a transferred judge must take a new oath, and their seniority would be determined from the oath date. They warned that appointing a Lahore High Court judge as IHC chief justice would violate the Constitution.
Under Article 175A, the appointment of a chief justice must be from the three senior-most judges of the respective high court. Media Sources said a copy of the letter was also sent to the President of Pakistan.
