• IHC judges object to judicial transfers.
• Three bar councils announce strike.
• JCP meeting faces calls for postponement.
  

ISLAMABAD: The Islamabad High Court (IHC) has issued its duty roster for this week, featuring the inclusion of three newly transferred judges from other high courts, The News reported.

With these additions, the number of judges available to hear cases has increased from ten to thirteen. Thirteen single benches and six division benches will also be available. The new seniority list of judges has also been released through the duty roster.

Chief Justice Amir Farooq has disagreed with the opinion of five fellow judges, who wrote the letter. Justice Sarfraz Dogar is part of the reserved bench number 2 for puisne judges.

Justice Mohsin Akhtar Kayani, who previously headed bench 2, will head bench No. 3.

In the list of single benches, Dogar’s name is also in the second place followed by Justice Mohsin in the third place.

Justice Khadim Hussain Soomro from the Sindh High Court is in the 9th place and Justice Asif from the Balochistan High Court is in the 11th place.

In a related development, former advocate general Islamabad Barrister Jahangir Jadoon Sunday said the posting of Justice Sarfraz Dogar to the IHC bench on the basis of seniority meant he’d been appointed as a senior puisne judge in place of Kayani, but it would probably be for a few days because if Chief Justice Amir Farooq was elevated to the Supreme Court (SC) and Justice Dogar became the chief justice in future, then Justice Mohsin will again become the senior puisne judge.

On the other hand, terming the posting of three judges to the IHC “malicious” and an “attack” on the independence of the judiciary, three bar councils from the federal capital have unanimously announced a strike and their boycott of the district and high court proceedings on Monday (today).

In a joint sitting, the Islamabad Bar Council (IBC), Islamabad High Court Bar Association (IHCBA), and Islamabad District Bar Association (IDBA) Sunday unanimously approved a resolution seeking withdrawal of a notification of posting of three judges, reports Geo News.

The move came a day after President Asif Ali Zardari transferred three judges from the other high courts to the Islamabad High Court (IHC) amid speculations that the capital court’s next chief justice would be a “transferred judge”.

According to a notification issued by the Ministry of Law and Justice, Justice Sarfraz Dogar from the Lahore High Court, Justice Soomro from the Sindh High Court and Justice Muhammad Asif from the Balochistan High Court have been transferred to the federal territory’s court. The approval of transfer by the president against the request of five Islamabad High court judges has raised many eyebrows.

Last week, five judges of the IHC penned a letter to Chief Justice of Pakistan (CJP) Yahya Afridi expressing concerns over the recent media reports claiming that a transferred judge would be considered for the post of chief justice of the federal territory’s court.

The letter — signed by Justices Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan and Saman Imtiaz — was addressed to CJP Yahya Afridi, IHC Chief Justice Aamer Farooq, LHC Chief Justice Aalia Neelum and SHC Chief Justice Mohammad Shafi Siddiqui.

The letter also bore the names of Justices Arbab Muhammad Tahir and Miangul Hassan Aurangzeb, but their signatures were missing.

In the Monday’s resolution, the lawyer bodies decided to challenge the transfer notification of three judges to the IHC at every forum. It further said the Judicial Commission’s February 10 meeting to appoint the SC judges should also be postponed.

Throwing their weight behind the IHC judges’ letter, the Islamabad lawyers demanded that the next IHC chief justice should not be an “outsider”. It further said a historic lawyers convention, under all bar councils, would be held at 11am on Monday (today).

During his interaction with journalists, IBC Vice Chairman Aleem Khan Abbasi said, “We reject the notification of posting of judges to the IHC.” The lawyers will stage a historic convention on Monday, he said, adding they smelled malice behind the fresh posting of judges and the Judicial Commission’s meeting slated to be held next week.

He urged the bar councils across the country to boycott the proceedings of the relevant courts.

He termed 26th Amendment a “black law” and sought full court of the SC to decide on the amendment.

IHCBA President Riasat Ali Azad was of the view that the strike and convention was their unanimous decision. He said attempts were being made to conquer the IHC. “The IHC’s sin is that it wants independence of the judiciary,” he added.

Meanwhile, IDBA Naeem Ali Gujjar said the lawyers were not standing with any judge or personality but with the judiciary and Constitution. He said the lawyers would resist the outsider judges.

In a related development, Adviser to the Prime Minister on Law and Justice Barrister Aqeel Malik Sunday said the government was committed to maintaining the integrity of judicial system.

Speaking to a private news channel, he said the government was focused on reforms that enhanced the effectiveness and independence of the judiciary.

He rejected the misconceptions surrounding the government’s intentions concerning the judiciary, stating, “There is a false impression that the government wants to appoint its own judges.” Answering a question, he said the PTI had made it a habit to find negative aspects even in positive developments.

He said constructive criticism was welcome but misinterpretations of the government’s actions only served to undermine the progress being made in legal reforms.

He said the government wanted to keep the 26th Amendment focused on legal and judicial reforms adding that “the judicial package was in that regard only, not anything else.”

He further explained that the government was dedicated to building a consensus on the 27th Amendment, stating, that whenever the 27th Constitutional Amendment was brought, it would be introduced with consensus.

Meanwhile, parliamentary leader of Pakistan Muslim League-Nawaz (PMLN) in upper house, Senator Irfan Siddiqui, said on Sunday the Constitution happens to be the supreme document and asked whether its Article 200 should be preferred or a letter of judges, in an apparent reference to the transfer of judges to the Islamabad High Court.

Taking to social media platform X, Senator Irfan Siddiqui raised a question: “Have all the judges of the Supreme Court taken an oath to uphold and protect the Constitution of Pakistan and if yes, then isn’t Article 200 part of the Constitution of Pakistan?”

Siddiqui said the Article 200 of the Constitution clearly states that the president may transfer any high court judge from one high court to another, but for this, the consent of the judge concerned as well as consultation with the CJP and the chief justices of both the high courts concerned was necessary. “Prefer this clear constitutional provision or a letter (of judges),” he asked the question.

— Additional input from APP