Judge Azam nominated before Swati’s arrest, show documents

ISLAMABAD: PTI leader Azam Swati’s recent claims against Islamabad High Court chief justice contradict facts.

In a handwritten statement shared by Fawad Chaudhry on Twitter, Swati had claimed that a special court judge of Islamabad was transferred after the submission of his bail petition and without IHC CJ’s involvement, whereas the nomination for special court judge was made prior to Swati’s bail petition and his arrest.

Official documents available with this correspondent show that the nomination of Judge Azam Khan for Islamabad special courts was made prior to the arrest and submission of the bail petition by Swati. The transfer was done in consultation with Islamabad High Court Chief Justice Amir Farooq. The documents also show that the standard procedure was adopted for the appointment of Justice Azam Khan as a special court judge in Islamabad. Azam Swati had filed a bail petition before Islamabad special court on November 26, 2022, while the IHC issued had a notification on November 21 for the appointment of Judge Muhammad Azam Khan as a presiding officer in Islamabad special courts. The notification available with this scribe reads, “I am directed to say that the Hon’able CJ IHC has been pleased to nominate the following judicial officers of Islamabad Judicial Service for appointment in the Special Courts/Tribunals, Islamabad.”

Later, on December 14, a notification was issued by the Ministry of Law and Justice stating, “In exercise of the powers conferred under Section 3 of the Pakistan Criminal Law (Amendment) Act, 1958, the Federal Government is pleased to appoint Mr. Muhammad Azam Khan, District and Sessions Judge as Judge, Special Court (Central), Islamabad on deputation basis in his own pay and scale, for a period of three years or until further orders, whichever is earlier from the date he assumes the charge of the post.”

Swati has claimed that Islamabad High Court CJ Justice Amir Farooq was biased in the matter related to his arrest and bail petition after he was booked for his abusive tweets against the General (r) Qamar Javed Bajwa.

Swati claimed that his bail petition presented before Judge Raja Mehmood on November 26 was delayed for unknown reasons until Judge Mehmood was transferred and replaced by Judge Azam Khan without consultation with IHC chief justice. He further alleged that the transfer was made without adopting the legal procedure, and after his arrest from PIMS on December 2.

Swati further said that he had no faith in IHC and that his petition should be transferred to some other court where he would seek his bail.