IHCBA ex-presidents challenge judges’ transfer to IHC

ISLAMABAD: Four former presidents of Islamabad High Court Bar Association (IHCBA) have also filed a constitutional petition with the Supreme Court against the transfer of judges from other High Courts to the Islamabad High Court and subsequent reformation of the seniority list based on these transfers.

The petitioners, including Riyasat Ali Azad, Arif Chaudhry, Shoaib Shaheen, and Zahid Mehmood Raja, filed identical petitions on Thursday under Article 184(3) of the Constitution making the president of Pakistan, federation of Pakistan, registrars of all High Courts, Supreme Court, six judges of Islamabad High Court as well as three judges recently transferred to the IHC as respondents.

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 with the Supreme Court under Article 184(3) of the Constitution against the transfer of judges to the Islamabad High Court.

Three judges from Sindh, Balochistan, and Lahore High Courts were transferred to the Islamabad High Court (IHC), drawing severe criticism from the legal fraternity, including five IHC judges who were contesting the seniority criteria.

The IHC five judges, who opposed Justice Dogar’s appointment were of the view that the judges transferred from other High Courts should take oath afresh to reset their seniority.

They prayed the apex court to restrain Justice Sarfaraz Dogar from performing as the Acting Chief Justice of the IHC saying that the respondents — Justice Sarfaraz Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asif — be also restrained from performing any of the judicial and administrative functions as the IHC judges.

Similarly, the Lahore High Court Bar Association and Lahore Bar Association had also challenged in the Supreme Court the transfer of judges to the IHC as well as seniority issue of the judges.

In their identical petitions, the four former presidents of Islamabad High Court Bar Association prayed the apex court to declare that the president did not have unfettered and unbridled discretion to transfer judges from one High Court to another, under Article 200(1) of the Constitution, without a manifest public interest, and in a manner that hampers the principles of independence of judiciary and separation of powers.

They further prayed to declare that the president’s exercise of powers under Article 200(1) of the Constitution was to be read alongside Article 175A of the Constitution, without subsuming the powers of the JCP to appoint judges to a particular High Court

Similarly, the petitioner prayed the apex court to declare that the Transfer Notification was unconstitutional and illegal for not being able to disclose any public interest and was therefore liable to be set aside.

The also prayed to the apex court to declare that the respondents could not be considered judges of the IHC until they took oath as justices of the IHC pursuant to Article 194 read together with Third Schedule of the Constitution.