Executive must consult judiciary before appointing judges: IHC

ISLAMABAD: The Islamabad High Court (IHC) has ruled that the executive must consult the judiciary before appointing judges.

IHC Judge Justice Babar Sattar issued a 73-page verdict, stating that the three pillars of the state — the legislature, the executive, and the judiciary — are independent, and none holds supremacy over the others.

The judgment said that any law or administrative act that undermines the independence of the judiciary is unconstitutional and void.

It further held that the subordinate judiciary is entitled to the same constitutional protection as the superior judiciary.

The court observed that the terms of service for judges must ensure independence, impartiality, and freedom from external pressure.

It ruled that the federal government shall exercise its powers of judicial appointments in consultation with the Islamabad High Court.

The verdict said that judges appointed on deputation from provinces to Islamabad compromise judicial independence, and directed the government to amend laws governing the appointment, tenure, and removal of judicial officers.

“Until such amendments are made, any appointment, transfer, or removal must be carried out in consultation with the Supreme Court or the high court,” the verdict said.

The court declared that any appointment, transfer, or removal made without consultation with the Supreme Court or the Islamabad High Court would be considered illegal.

The IHC directed the Ministry of Law and Justice and the Cabinet Division to send copies of the judgement to the relevant authorities.