‘Appointment’ different from ‘transfer’: IHC Chief Justice rules

ISLAMABAD: Islamabad High Court (IHC) Chief Justice Aamer Farooq has issued a decision on representation of judges in the IHC ruling that the transfer of judges does not affect the seniority. The decision has rejected representation of five judges against change in seniority in the IHC.

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As per the latest decision, representation of Justice Mohsin Akhtar Kayani, Justice Tariq Jahangiri, Justice Babar Sattar, Justice Sardar Ijaz and Justice Saman Riffat has been rejected. CJ Aamer Farooq also directed the IHC Registrar to send copy of decision to the judges concerned.

BACKGROUND

IHC justices had written to CJ Farooq against transfer of justices from the Sindh High Court (SHC) and Lahore High Court (LHC). The judges claimed that the transfer of three judges to the IHC, the seniority of the IHC has been disturbed.

The seniority comes into play while appointments are being considered for the Supreme Court, as well as for the chief justices of the high courts.

DECISION EXPLAINED

CJ Aamer Farooq’s decision elaborates that transferring judges is different from appointing new judges. If a senior judge is transferred, his seniority is maintained, along with other justices in any given high court.

The decision by IHC chief justice maintains the seniority list after transfer of judges from high courts to the IHC. It also said that the judges transferred from high courts do not need to take oath again.

CJ Aamer Farooq’s decision says, “Transfer of judges is common in India. Unlike India, there is no transfer policy in Pakistan, but the President can transfer justices.”

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Text of oath of judges of Indian high courts is also included in IHC’s latest decision. “When a judge is transferred, his status as a high court judge remains unchanged. Article 200 of the Constitution deals with transfer of a judge from one high court to another,” the decision said.

In the decision, Justice Sarfaraz Dogar, who has been transferred from the LHC to IHC, has been maintained as the Senior Puisne Judge – the most senior judge after a chief justice.