Judges transfer case: CJs consultation should take place on judges’ seniority, says SC judge

ISLAMABAD: Supreme Court judge Muhammad Ali Mazhar on Thursday remarked when a judge is transferred from one high court to another, consultation should take place between the Chief Justices of both the High Court’s regarding the judge’s seniority.

Justice Muhammad Ali Mazhar was heading a five-member constitutional bench of the apex court hearing identical petitions filed by six judges of the Islamabad High Court (IHC) against the transfer of judges to the IHC from other high courts and subsequent determination of their seniority based on a new list.

During the course of hearing, Justice Muhammad Ali Mazhar remarked when a judge is transferred from one high court to another, consultation should take place between the chief justices of both courts regarding the judge’s seniority.

Munir A Malik, counsel for six judges of Islamabad High Court, while continuing his arguments submitted that many aspects of the judges’ transfers were not clarified.

When Justice Mazhar inquired about the list, another lawyer, Barrister Salahuddin, informed the court that the seniority list was included in the response submitted by the Lahore High Court Registrar.

Munir A Malik contended that at the time of Justice Dogar’s transfer, there were 33 judges in the Lahore High Court and questioned whether all of them had been given a chance to transfer or whether Justice Dogar was chosen coincidentally. The learned counsel for the petitioners claimed that it was not coincidental but a deliberate decision.

Justice Salahuddin Panhwar asked the learned counsel as to whether the Chief Justice’s opinion was binding on the bench. Malik replied that he was not suggesting that the bench was bound by the Chief Justice’s view adding that former commission member Akhtar Hussain also held the view that transferred judges should be placed at the bottom of the seniority list, and he claimed the Chief Justice had endorsed this opinion in the meeting.

Advancing his argument, Munir A Malik submitted that four senior Supreme Court judges had written to the Chief Justice, raising objections about the judges’ transfers and the seniority list.

Justice Muhammad Ali Mazhar reminded to Malik that in the previous hearing, he had told the court that India uses a centralised system for judicial seniority. “In such a case, what method do we have to determine seniority”, Justice Mazhar asked Malik and added that in his view the chief justices should be consulted regarding seniority during transfers.

Later, the court adjourned the hearing until May 14 wherein Munir A Malik will continue his arguments.