Imran, LHC Bar move SC against transfer of three judges to IHC

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder chairman Imran Khan has filed a constitutional petition in the Supreme Court (SC) challenging the transfer of three judges to the Islamabad High Court (IHC).

The petition, which names the federal government and the registrars of the Lahore High Court, Sindh High Court, Balochistan High Court and Islamabad High Court as respondents, seeks to nullify the transfer of the three judges to the IHC.

In the petition, the PTI founder has requested the court to ensure transparency in line with the principles established in the Al-Jihad Trust case. He has also urged the court to affirm that the use of Article 200 of the Constitution is only permissible after detailed consultation.

The petition argues that judges already serving in the IHC are being subjected to victimisation. It highlights that IHC judges had previously raised their voices against interference and had adjudicated cases against the petitioner on merit.

Imran Khan further contended that a judge was brought in and appointed as acting chief justice without taking the requisite oath. He alleged that these tactics are being employed to stifle the independence of the judiciary.

The petition underscores the need to uphold judicial independence and transparency, calling on the Supreme Court to intervene and address these concerns.

Meanwhile, the Lahore High Court Bar Association (LHCBA) has challenged the transfer of judges to the Islamabad High Court (IHC) in the Supreme Court of Pakistan.

A petition has been filed in the Supreme Court under Article 184(3) of the Constitution. The President of Pakistan, federal government and four high courts have been made party to the petition.

The petitioner has pleaded to declare the transfer notification as unlawful, unconstitutional and void. The LHC bar also pleaded for issuing instructions to ensure utmost compliance of the constitution in transfer of judges. The bar also urged the apex court to ensure implementation of the parameters, set in the Al Jihad Trust case.

The petition pointed out that the transferred judges did not take oath of their office again, as per the constitution. No judge could perform duties without taking oath of the office, according to the plea.

The law ministry issued a notification in February, confirming the transfer of three judges to the IHC following the approval of President Asif Ali Zardari.

According to reports, President Zardari approved the transfers under Article 200 of the Constitution, assigning the judges to the Islamabad High Court.

Justice Sarfraz Dogar from the Lahore High Court, Justice Khadim Hussain Soomro from the Sindh High Court and Justice Muhammad Asif from the Balochistan High Court were transferred to the Islamabad High Court.