IHC judges oppose CJ nomination over judicial independence

ISLAMABAD: Judges of the Islamabad High Court (IHC) have expressed strong opposition to the potential appointment of a Chief Justice from another high court. A letter, signed by various judges including Justice Mohsin Akhtar Kayani, has been sent to the president, the Chief Justice of Pakistan Yahya Afridi, chief justices of the high courts.

The judges have urged judicial authorities to select the new judge from among the three senior-most judges of the IHC. The letter stresses that appointing a judge from another high court demands “meaningful consultation” and a clear justification. The judges highlighted that the Lahore High Court has a significantly higher backlog of pending cases compared to the IHC, raising questions about such an appointment.

They also raised concerns about undermining the existing seniority system at the IHC to accommodate an external candidate. This move reflects growing internal resistance to any changes that could disrupt the established hierarchy within the Islamabad High Court, amid ongoing speculation about judicial appointments.

According to Dawn, the letter has been signed by IHC’s Justice Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan and Saman Rafat Imtiaz. The names of Justices Arbab Muhammad Tahir and Miangul Hassan Aurangzeb were also in the letter but did not have their signatures.

The letter stated: “The high courts are independent and autonomous. The justices who are elevated to a particular high court, take oath, under Article 194 of the Constitution, with respect a particular province, or for the purposes of the IHC, with respect to the Islamabad Capital Territory. Since the passage of the Eighteenth Amendment to the Constitution in 2010, and during the times of political democratic governments in Pakistan, there has been no precedent of permanent appointments to the high courts through the invocation of Article 200 of the Constitution.”

Later on appearing on Geo News show Aaj Shahzeb Khanzada Kay Sath, adviser to Prime Minister on Law and Justice Barrister Aqeel Malik said that the president had the right to choose as per Article 200.

He clarified that pertaining to the issue of fresh appointment as well as transfer, a fresh oath would not be needed for the transfer, and that the speculations about ‘controlling’ IHC were baseless.