ISLAMABAD: The Lahore High Court Bar Association and the Lahore Bar Association on Monday filed additional grounds in their identical petitions, challenging the transfer of judges to the Islamabad High Court (IHC) and the seniority of judges issue in the high court.
Hamid Khan, senior lawyer and counsel for Lahore High Court Bar Association and Lahore Bar Association, filed an application in the constitutional bench under Order XXXIII Rule 6 and other enabling provisions of the Supreme Court Rules 1980 for submitting additional questions and grounds. He prayed the bench that the aforesaid question of law/ground may kindly be allowed to be raised before this as an additional question/ground while considering the titled Constitution Petition A five-member constitutional bench of the apex court headed by Justice Muhammad Ali Mazhar will resume hearing today (Tuesday). Five judges of Islamabad High Court (IHC) including Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Riffat Imtiaz had filed a petition in the Supreme Court under Article 184(3) of the constitution against the transfer of three judges from Sindh, Balochistan, and Lahore High Courts to the Islamabad High Court (IHC), drawing severe criticism from the legal fraternity, including five IHC judges contesting the seniority criteria. Submitting additional grounds and questions, the LHBA and Lahore Bar Association questioned as to whether given the law laid down by this Court, while interpreting Article 200 of the Constitution transfer of judges could take place only after consultation with the Chief Justice of Pakistan which had to be meaningful and for reasons given in writing so it could be examined and adjudged by the courts. Whether the Chief Justice of Pakistan has the constitutional right and obligation to move a summary for the transfer of a judge, and whether the executive branch could initiate the transfer process on its own.
Both the associations questioned “Whether the word “the President may” used in Article 200 of the Constitution indicates that the transfer of a judge from one High Court to another is not an absolute power of the President (the Executive) but a constitutional discretion to be exercised justly and in the public interest”, it was further questioned. The LHCBA, LBA questioned as to whether the President of Pakistan had to act upon the advice of the federal government as defined in Article 90 of the Constitution, and since there was seemingly no cabinet decision before the Transfer Notification, the said notification would thus become void ab initio?
